Broadway Photoplay Co. v. . World Film Corp.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment is contrary to law as plaintiff’s prospective profits upon new motion pictures never previously-produced are entirely too problematical and conjectural to be the subject of recovery. The prospective profits were, therefore, not a proper element of damages, and the defendant’s exceptions along this…
1Opinion of the CourtCardozo, J.
The action is for breach of contract. For a valuable consideration, the defendant undertook to supply the plaintiff with motion picture films one day in each week for fifty-two weeks beginning October 1, 1914. . The pictures were to be exhibited at the plaintiff's theatre. They were to be of the order known as “ feature ” pictures. The line of division between feature pictures and others may not be easy to define, yet in practice those engaged in the business seem to have little difficulty in drawing it. But the plaintiff was not only to have feature pictures. It was to have the first run of…
2Cases cited6 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Cramer v. . Grand Rapids Show Case Co.New York Court of Appeals · 1918
- Todd v. KeeneMassachusetts Supreme Judicial Court · 1896
- Moss v. . TompkinsNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1977
- Freund v. Washington Square Press, Inc.New York Court of Appeals · 1974
- Evergreen Amusement Corp. v. MilsteadCourt of Appeals of Maryland · 1998
- Dynamics Corp. of America v. International Harvester Co.District Court, S.D. New York · 1977
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