Lord v. Pathe News, Inc.

SWAN, Circuit Judge.

This action, begun in a state court, was removed to the district court on the ground of diverse citizenship. It seeks to recover damages for non-performance by Pathe News, Inc., of a contract with the plaintiff. Before the plaintiff had completed his proof the trial judge suggested that the defendant’s counsel move for a dismissal. Such a motion was then made and granted. The trial judge thought that the contract was too indefinite to be enforceable. The correctness of this ruling is the first question to be considered.

The plaintiff is a radio and motion picture actor who…