Selwyn Co. v. . Waller
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1914, which affirmed an order of Special Term sustaining a demurrer to the answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1914, which affirmed an order of Special Term sustaining a demurrer to the answer. The following questions were certified: “ 1. Is the first, separate and affirmative defense contained in the answer of the defendant Shubert herein sufficient in law upon the face thereof ? • “2. Is the second, separate and affirmative defense contained in the answer of the defendant' Shubert herein sufficient in law upon the face thereof ? ” The nature of the action and the…
1Opinion of the CourtMiller, J.
The question of law involved in this appeal arises from the following facts, to state them as briefly as possible: On the 6th of May, 1911, Charles Frohman entered into a contract with Edward G-. Hemmerde and Francis Eeilson by which, in consideration of the payment to them of three hundred pounds and an agreement to pay certain stipulated authors’ royalties, to be computed on the gross weekly receipts, Hemmerde and Neilson granted to Frohman the sole and exclusive right for five years to perform and have performed in the United States and Canada a play entitled “ The Butterfly on the Wheel;…
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