United Artists Corp. v. Phelps

No substantial error has been found in the record except in respect to the fourth counterclaim set forth in the answer of the defendant Bellevue Theatre Corporation. As to the cause of action alleged by the defendant in that counterclaim, the record is bare of proof that the gross receipts at the defendant’s theatre for the seven days during which the picture “ Tess of the Storm Country ” was shown fell below the requisite amount of $3,000 so as to entitle the defendant to recover. The proof is that the receipts for five of the seven days amounted to $2,549.43. No proof was offered as to the…