Manners v. Morosco
District Court, S.D. New York
In Equity. Suit by J. Hartley Manners against Oliver Morosco. For convenience of counsel interested in this class of case, the essential features of the two contracts between the parties are here set forth. Foi brevity, they will be referred to ns the first and second contracts. „ First Contract.
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In Equity. Suit by J. Hartley Manners against Oliver Morosco. For convenience of counsel interested in this class of case, the essential features of the two contracts between the parties are here set forth. Foi brevity, they will be referred to ns the first and second contracts. „ First Contract. “Whereas, the party of the first part is the sole and exclusive author and owner of a certain dramatic composition at present entitled ‘Peg O’ My Heart’; and “Whereas, the party of the second part wishes to obtain the exclusion right and license to produce, perform, and represent the said play in the…
1Opinion of the CourtMayer, District Judge
(after stating the facts as above). The suit is brought, in effect, to restrain defendant (1) from playing, producing, or controlling in any manner the dramatic composition “Peg O’ My Heart,” and (2) from manufacturing or presenting any motion picture based upon “Peg O’ My Heart.” The case requires only the construction of the two contracts; testimony in respect of customs and conversations antecedent to the contracts having been excluded.
[1] 1. Plaintiff urges that the first contract amounts only to a license, revocable at his option, except as to the interest of defendant for the period…
2Cases cited4 opinions
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Frohman v. FitchAppellate Division of the Supreme Court of the State of New York · 1914
- Klein v. BeachCourt of Appeals for the Second Circuit · 1917
- Klein v. BeachDistrict Court, S.D. New York · 1916
3Cited by1 opinion
- Manners v. Famous Players-Lasky Corp.District Court, S.D. New York · 1919