Heffner v. Myshrall

The defendant entered into a written contract dated September 14, 1937, entitled “Bank Night” *688license agreement with Affiliated Enterprises, Inc., providing for the exhibition of “Bank Night” in the defendant’s theatre each week for a year. The plaintiff, as assignee, brings this action of contract for license fees. The defendant pleaded illegality. At the trial, after the plaintiff had introduced the agreement in evidence, the parties agreed that the sole issue was “whether the contract was an illegal contract or against public policy, and void,” and if not, the plaintiff was entitled to…