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456
The MOTION PICTURE ALMANAC
1931
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like when the script girl gets through with it. The with notations as to cameras used, number of minThis page is from a Warner Brothers script.
were enforcible as to the parts that were not unlawful, and this holding runs back to the earliest authorities.
Mallan, ct. al. v. Mav, 11 M. & W. 653, 12 L. J. Ex. 376.
Price v. Green. 16 M. 6? W. 346. 16 L. J. Ex. See, also,
Daniels v. Tearney, 102 U. S. 415.
Chicago Vc. Co. v. Pullman Vc. Co.. 139 U. S. 79.
McCullough v. Virginia, 172 U. S. 102.
In view of our conclusion on these points, it is not necessary to discuss the question raised as to whether the defendant had waived its right to rely on the failure of the plaintiff to propose arbitration. The action of the court below in sustaining the demurrer was erroneous, and the judgment is accordingly
a Reversed.
Following is a digest of the case of Columbia Pictures Corporation v. Bi-Mctallic Investment Company.
This action was decided in the U. S. District Court, District of Colorado on August 8, 1930. The defendant agreed with the plaintiff to take a certain number of motion pictures for his theatre but failed and refused to accept, exhibit or pay for a part of the pictures contracted for, whereupon the plaintiff sued for damages.
The defendant set up as its defense that the
Standard Exhibition Contract is illegal, being in violation of the Sherman Anti-Trust Act and that the use thereof by the distributors of motion pictures was in furtherance of a conspiracy in restrain of trade.
In its argument the defendant relied upon the decision in the case of United States v. Paramount Famous Lasky Corp., et. al., 34 Fed. 2d 984, in which Judge Thacher held that the Eighteenth Clause of the Standard Exhibition Contract providing for compulsory arbitration was evidence of a conspiracy among the distributors. In the Colorado case, the court held that the case of United States vs. Paramount, et. al., did not apply. The action was brought to recover an agreed amount which the defendant owed to the plaintiff as license fees for pictures which the defendant refused to take and pay for in violation of its contract for the delivery of certain pictures. The court held that such an agreement is not illegal. Eliminating the Eighteenth Clause of the Standard Exhibition Contract, th; Contract is one which the parties might lawfully enter into, and even granting that the arbitration clause is illegal, the court held that in the present action, being one for the recovery of an amount due by the defendant to the plaintiff, it was not necessary to a decision of the case to take the arbitration clause into consideration.
In the case of Metro-Goldwyn-Maycr Distributing Corporation as plaintiff v. Bi-Mctallic Investment Company, the court held that "by its refusal to arbitrate in any manner, the defendant cannot deprive the plaintiff of its right to sue upon the contract.
Results of "Film Daily" Golf Tournament
Representatives of the film industry in the East joined in making the 19th Film Daily golf tournament one of the most successful of the series. The dinner funfest was voted the most enjoyable in seven years of the event. More than 100 braved a steady rain that drenched the golfers through the morning play of the tourney, which was held at the Fenimore Club at White Plains, N. Y.
Other tournaments may have had a larger attendance, but the fact that the number of players reached a total of 120 before the day was over, with many more at the dinner, was a credit to those who participated and to those who were in charge of the affair, headed by Jack Alicoate and Bruce Gallup, who has been overseer of the handicap and awards throughout the nine years of the tournaments. Those on the committee were Al Lichtman, Jack Alicoate, Bruce Gallup, ("Red") Kann and Don Mersereau.
Following is a list of the prize winners:
Low Net, Afternoon
Winner, William Rabell. Leg on Film Daily cup and permanent possession of Stebbins, Leterman (i Gates cup.
First runner-up, Tom Gerety. J. P. Muller Advertising Agency cup.
Second runner-up, Ed Curtis, Herb Fecke and D. C. Ferguson tied. Ufa special cup.
Low Gross, Afternoon
Winner, Mitchell May. Motion Picture Herald cup.
Runner-up, Arthur W. Stebbins. Du Pont Class A cup.
Low Net, Morning
Winner, Paul Burger. National Theatre Supply Company cup.
Low Gross, Morning
Winner, Arthur Cohen. William Massce cup.
Runner-up, George Blair, Jr. Malcolm Laboratory cup.
Other Awards
M. P. Daily cup — given for low net, afternoon. Winner, Harry Brandt.
Birdies — Mitchell May, Eastman Kodak trophy.
Low gross exhibitor — Henry Segal, Electrical Research Products trophy.
Putting — Winner, Vic Brady, RCA cup. First runner-up, Sam Azurtine, Continental Theatres Accessory cup. Second runner-up, William Brandt, Asosciated Publications cup.
Driving contest — Winner, John Ostendorff, Jack Cosman cup. Runner-up, Arthur S. Dickinson, Craft Film Laboratories cup.
Best dressed golfer — Al Lichtman, Nat Lewis prize.
Low gross member of M. P. Club — Arthur W. Stebbins, Al Lichtman plaque.
Booby prize — Joe Fleisler.
Best team match play — Winner, Motion Picture Club team (Henry Segal, J. D. Williams, Ed Curtis, Jack Guttfreund), T. F. Albee cup.
Prizes for 3 5 flight winners and runnersup also were awarded.