Cinema Corp. of America v. De Mille

Judgment on the pleadings may be directed in an action for a declaratory judgment where it appears (1) that the action is one which the court in its discretion will entertain; (2) that no issue of fact is raised by the pleadings, and (3) that on the law plaintiff is entitled to the relief sought. All three conditions are here met. Talking motion pictures were not in existence at the time the contract here involved was entered into. Defendant Bercovici contends that under the contract plaintiff *359did not acquire talking motion picture rights. The answer is two-fold: 1. By his contract Mr.…