Edgar Rice Burroughs, Inc. v. Commodore Productions & Artists Inc.

This is an appeal by plaintiff from an adverse judgment in an action for declaratory relief, and in which defendant counterclaimed against plaintiff for the sum of $1,215.75.

On December 21, 1950, the parties hereto entered into a written contract wherein plaintiff granted to defendant the rights to use certain material featuring the character Tarzan “in live and/or transcribed radio broadcasts.”

Included in the agreement was a provision that “In the event Commodore (defendant) shall for any continuous period of six (6) months during the term of this Agreement or any renewals thereof fail to…