Marcus Loew Booking Agency v. Princess Pat

LINDLEY, District Judge.

From separate judgments against them, defendants appeal, urging error in denial of (1) their motion for a directed verdict, (2) defendant Princess Pat’s motion for a directed verdict on its counterclaim, and (3) their motions for judgment notwithstanding the verdict. These averments of error question primarily the sufficiency of the evidence to justify submission to the jury or to sustain the verdict and the correctness of certain rulings in the course of the trial.

Defendants’ contentions upon the facts center largely upon whether plaintiff failed to perform…