Warner Bros. Pictures Inc. v. Stanley

(After stating the foregoing facts.)

The first question to be decided is whether the court erred in striking the allegations of the petition that the picture, as advertised as based on the book, charged that Burns was removed from the Campbell County gang to the Troup County gang because of his refusal to pay a bribe demanded of him by petitioner. We think the court erred in striking these parts of the petition. The suit is not simply for the exhibition of the picture, but for the exhibition of a picture as advertised to have been based on a particular book, which book it is alleged charges…