Fox Film Corp. v. Wirth & Hamid Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMerrell, J.
This action is brought to recover for breach of contract to furnish motion picture films to the Queensborough Theatre, Elmhurst, Long Island. Pursuant to the provisions of section 213 of the Civil Practice Act, the two defendants, Wirth & Hamid Realty Corporation and Wirth & Hamid, Inc., were named as parties defendant. In plaintiff’s amended complaint it alleges that the reason plaintiff joins the two defendants is “ that it is in doubt as to which defendant, or both, is liable ” for the breach of the contracts upon which the plaintiff’s action is based. The defendant Wirth & Hamid Realty…
2Cases cited2 opinions
- Jamison v. LambornAppellate Division of the Supreme Court of the State of New York · 1923
- Ellicott v. Archibald McNeil & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1923
3Cited by2 opinions
- Busset v. California Builders Co.California Court of Appeal · 1932
- Totten v. United States Lines Co.District Court, S.D. New York · 1936