In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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Louis Rosexbluh, Cross Examination. 701 Q. What arrangement did you have with the Edison licensees regarding the return of film which you secured from them? A. None, other than was in the sales agreement. Q. What was that arrangement in the sales agreement? A. There was some clause in there which is in the printed paper; I don't know how it reads. Q. Was not there a clause in the sales agreement with the Edison licensees by which The Greater New York Film Kental Company was compelled to restore films, or return films, at the expiration of six or seven months? A. There was such a printed statement in the sales agreement. Q. Was there not a clause in the agreement which provided that after the expiration of six months these films which you say you bought were to be returned to the licensees from whom you bought them? A. Such a sentence was printed in that sales agreement, which was modified later on. Q. So that all of the film which you received in pursuance of your contract with the Edison licensees was received conditionally? A. It was understood — Q. (interrupting) : Xow answer me. All the film you received from the Edison licensees, and by "you" I mean your company, was received conditionally, was it not, in pursuance of the agreement? A. It was according to the sales agreement, which was — Q. That is an answer. So that the sales to you were conditional, is that not true? A. There was — Q. (interrupting) : Just a moment. I am not asking you that — the sales to you were conditional, were they not? A. I don't know what you mean by "conditional." There were several conditions. Q. But the sales to you were subject to the return of the film at the expiration of six months, were they not, by that agreement? A. It was contrarily understood, though. Q. Now, Mr. Rosenbluh, I didn't ask you whether it was contrarily understood or not, but I asked if the sales under that agreement were not conditional, were not subject to return after six months; just answer that yes or no? A. The original paper so stated, and it was then modified. Q. Were you one of the Edison licensees at the time of the formation of the Patents Company? A. Yes, sir. Q. And that sales agreement was still binding upon you, was it not? A. Yes, sir.