Alcazar Amusement Co. v. Mudd & Colley Amusement Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill for injunction by the Mudd & Colley Amusement Company against the Alcazar Amusement Company and others.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill for injunction by the Mudd & Colley Amusement Company against the Alcazar Amusement Company and others. From a decree refusing to dissolve the temporary injunction, respondents appeal.' This is an appeal from a decree or order overruling a motion to dissolve an injunction issued pendente lite which was designed to prevent the appellant, a resident of this state, from exhibiting at its playhouse in Birmingham a moving picture called' The Isle of Conquest, featuring Norma Talmadge, a screen star. The appellee, Mudd &…
1Opinion of the Court
McCLELLAN, j.
[1 -3] Under the averments of the amended bill and the attached contract (in two writings executed in1 the same connection), the Select Pictures Corporation invested the amusement company (complainant appellee) with the license or privilege of exhibiting exclusively and as “first run” the films within the contemplation of the contract. If the allegations in the bill otherwise in this respect were ignored, and if the contract included The Isle of Conquest, the averments are sufficient to ingraft upon as a part of the contract an established usage of trade significance, that…
2Cases cited8 opinions
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Fulenwider v. RowanSupreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
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- James S. Kemper & Co. v. Cox & AssociatesSupreme Court of Alabama · 1983
- Dade Enterprises, Inc. v. Wometco Theatres, Inc.Supreme Court of Florida · 1935
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