Mid-Continent Films, Inc. v. Essanjay Films, Inc.

Plaintiff sued to recover a payment allegedly due on a written license agreement. Defendant’s answer admitted the agreement and pleaded the defense hereinafter discussed. Plaintiff moved for a summary-judgment on the basis that the pleadings show that there is no genuine issue as to any material fact. Defendant filed an affidavit in opposition to this motion. The motion is tantamount to a request for judgment on the pleadings. The court granted plaintiff’s motion for $50,000. Defendant appeals.

Plaintiff is engaged in the business of producing feature length motion pictures. It produced a film…