Ermolieff v. R. K. O. Radio Pictures, Inc.

CARTER, J. —

Plaintiff and defendant are producers and distributors in the motion picture industry. Plaintiff was the owner and producer of a foreign language motion picture entitled “Michael Strogoff,” based on a novel by Jules Verne, which prior to July 6, 1936, he had produced in the German and French languages. On that date the parties entered into a contract in which plaintiff granted to defendant the exclusive right to produce and distribute an English version of that picture in only those “countries or territories of the world” listed on an exhibit annexed to the contract. On the…