Select Pictures Corp. v. Australasian Films, Ltd.
District Court, S.D. New York
At Taw. Action by the Select Pictures Corporation against the Australasian Films, Limited. 'On demurrer to complaint and motion by defendant for judgment on the pleadings.
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At Taw. Action by the Select Pictures Corporation against the Australasian Films, Limited. 'On demurrer to complaint and motion by defendant for judgment on the pleadings. The parties entered into a written agreement dated December 19, 1918. By said agreement, Select Company granted to Australasian Films the sole and exclusive right to distribute, exploit, lease, and exhibit, in Australasia, for periods of tliree years each from and after the respectivo dates of delivery thereof to defendant, all motion pictures designated by defendant in accordance with the terms of said agreement from among…
1Opinion of the CourtMayer, District Judge
(after stating the facts as above). The main grounds of demurrer are that (a) the agreement lacks mutuality; and (b) under the decisions of the New York courts the plaintiff cannot recover as for an anticipatory breach.
[1] 1. Lack of Mutuality. Defendant practically concedes'that if plaintiff’s obligation was the grant to defendant of the sole and exclusive right to distribute, etc., all motion pictures for the period agreed upon, then the contract, as drawn, would be supported by mutual considerations. In this regard the contract would not be different in principle from that class of…
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- Ga Nun v. . PalmerNew York Court of Appeals · 1911
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
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