Schiff v. Kirby

In this action for a declaratory judgment plaintiff seeks a determination declaring that defendant Kirby is obligated to account and pay him 4% of all proceeds received by Kirby from the exploitation by publication in daily and Sunday newspapers of the cartoon comic strip known as “ Sky Masters ” as well as a similar percentage received by Kirby from sources other than from said publication, and for other incidental relief.

The parties to this litigation are men engaged in a substantial industry dealing, among other things, in the development, production and preparation of cartoon comics and…