The law of motion pictures (1918)

THEATRE LEASES 237 or machine still remains with the licensor; and on the breach of the agreement between them, the licensor may rescind the contract and get back the physical possession of his property. Section 79. — Theatre leases. While there was an old English custom with reference to one month’s termination of a lease of a theatre upon notice, the modern lease of a theatrical building, theatre or music hall does not differ from leases of real property in general. However, as productions increase in magnitude, and the relationship between the theatre and the various forms of amusement offered in it becomes more and more complex, covenants more or less peculiar to the theatrical profession are inserted into the lease, and come up for construction by the courts from time to time. Wffiere the lessee of a theatre was described as “M. G. representing Messrs. C. A. C. & Co. Manager of the A. 0. B. Co.” it was held that “M. G.” was liable as a principal and the words added to his name were merely words of description.40 A theatre is often spoken of as a “first-class theatre” to distinguish it from theatres in which cheaper and inferior grades of plays are produced. Where, in the lease, the parties have covenanted that none but “firstclass” productions are to be given in the theatre, a breach of such covenant by the giving of inferior productions, entitles the lessor to maintain hold-over proceedings.41 i0Grau v. McVickar (1874), 8 54 Misc. (N. Y.) 31; 105 N. Y. Biss. 7; 10 Fed. Cas., No. 5,708. Supp. 477. Hold-over proceed 41 Matter of Schoelkopf (1907), ings by lessor of theatre because