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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Frank J. Howard, Direct Examination. 1841 expense in collecting it, and an additional expense in keep 1 ing books in regard to it. Q. And what did Mr. Dyer say, at that time, about its collection? A. I will think over that now for a moment. I believe at that time they did business direct with the exhibitors, and that was changed over afterwards to the exchanges taking charge of it. Q. You mean that at first it was agreed that the Patents Company would collect direct from the exhibitor? A. Yes, sir. Q. What, if anything, was said, at that meeting, in reference to the so-called fourteen days' cancellation notice clause in the exchange license agreement? A. Yes, there was a clause to that same effect brought up there, and what they wanted to — well, let me see — the fourteen-day clause — I have to think a moment on that, you will have to pardon me. Q. Well, I will put another question: The committee, or some member of that committee, wanted that clause eliminated, didn't they? A. Yes, sir, that was so. Q. And what did Mr. Dyer say about that? A. I could not remember now, his exact words. I can't remember o what that part was. Q. Did he say it would not be enforced? A. Oh, no. Mr. Grosvenor: I object to that as leading. The Witness: We were always given to understand that it would be enforced, the fourteen-day clause, for any violations of the license, or anything of that kind. By Mr. Caldwell: Q. Are you prepared to say, Mr. Howard, that Mr. 4 Dyer told you, or any other member of the committee, at that time, that that clause would not be enforced? Mr. Grosvenor: Object to the form of the question as leading, the witness having stated that he didn't recall what Mr. Dyer stated. The Witness: No, sir; he did not.