RKO Distributing Corp. v. Fretz

Pee Cubiam,

The plaintiff brought this action in assumpsit against Oscar Fretz, E. J. Deck, and Fred P. Martin, individually and as co-partners trading as Palmerton Theatre Company, for motion picture films contracted for by Oscar Fretz. The affidavit of defense denied any partnership between the three defendants under the name Palmerton Theatre Company or any other name, and averred that the films had been contracted for by Fretz on behalf of a proposed corporation to be known as Palmerton Theatre Company, which was incorporated on November 17, 1931, seventeen days after the execution of the…