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THE LAW OF MOTION PICTURES
Rent is suspended, when so covenanted, when the theatre is closed by the authorities, but the covenant must be express.45 Where, however, the lessee has not made any such reservation, and the police or the local authorities, because of non-compliance with their regu
picture songs, musical numbers and other acts; that the defendant, it is claimed, has further violated the agreement by transferring the said lease or rights thereunder to the Triangle Film Co. I am of the opinion that the acts complained of are not clearly such as to constitute a breach of the covenant contained in the lease for violation of which this relief is sought. The case is novel and far-reaching in its importance. It is a matter of serious question whether or not it can be decided on affidavits. Through the introduction of moving picture and photo plays into the theatrical field there has occurred therein an evolution in the production and presentation of plays; in fact, the entire trend of the business may have so evolved as to permit the defendants to carry on their business as now being conducted without violating the restrictive covenants of the lease. Even though irreparable injury be shown, in
view of the short time which the lease has to run, unless the right of those seeking the injunction is clear and unmistakable this court may not intervene to prevent the use of the theatre in the manner that it is now conducted. The issues are important and the determination should be left to the trial court, and the injunction ad interim must be denied.”
45 Lennox v. Curzon (Eng.) (1906), 22 T. L. R. 611. Under a lease for a theatre which was in process of construction it was provided that when “closed by order of any superior authority, etc.,” the rent was to be suspended. An adjoining railway building collapsed and the theatre structure becoming unsafe, the London County Council refused to issue a license.
Held, that the theatre was “closed by order of a superior authority” and that the rent was suspended.