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)

Record Details:

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786 William Fox, Cross Examination. exception, however, that where any such motion pictures are destroyed or lost in transportation or otherwise, and proof satisfactory to the vendor is furnished as to such destruction or loss, the vendor shall deduct the amount so destroyed or lost from the amount to be returned." Was that paragraph in the Edison license agreement that you signed? A. It was. Q. W7ill you turn to page 36 of the printed record? A. Yes, sir. Q. Will you look at paragraph 9? A. Yes. Q. I specially call your attention to paragraph 9 of Petitioner's Exhibit 8, page 40 of the printed record. (Reading) : "The licensee shall return to each licensed manufacturer or importer (without receiving any payments therefor, except that the said licensed manufacturer or importer shall pay the transportation charges incident to the return of the same) on the first day of every month commencing seven months from the first day of the month on which this agreement is executed, an equivalent amount of positive motion picture film in running feet (not purchased or leased over twelve months before) and of the make of the said licensed manufacturer or importer, equal to the amount of licensed motion pictures, that was so leased during the seventh month preceding the day of each such return, with the exception, however, that where any such motion pictures are destroyed or lost in transportation or otherwise, and satisfactory proof is furnished, within fourteen (li) days after such destruction or loss, to the licensed manufacturers or importers from whom such moving picture was leased, the licensed manufacturer or importer shall deduct the amount so destroyed or lost from the amount to be returned." Was that paragraph in the Motion Picture Patents Company agreement which you signed? A. Mr. MacDonald called our special attention to that paragraph — Q. (interrupting) : He did, and you signed it, did you? Did you sign it? A. Mr. MacDonald called our special attention to that paragraph — Q. (interrupting) : I am not asking you that. I asked you if that was in the agreement which you signed? Q. Did you sign it? A. To that paragraph, Mr. Macdonald —