Enterprise Distributing Corp. v. Zalkin
Supreme Court of Georgia
Equitable petition. Before Judge George-L. Bell. Eulton superior court. December 16, 1921. Zalkin, as trustee, filed his petition in Eulton superior court against Enterprise Distributing Corporation, and made this case: (1) Petitioner “is the duly and legally appointed trustee in bankruptcy, by the District Court of the Dnited States for the Southern District of New York, of Dnited Picture Productions Corporation, a corporation under the laws of the State of Delaware.”
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Equitable petition. Before Judge George-L. Bell. Eulton superior court. December 16, 1921. Zalkin, as trustee, filed his petition in Eulton superior court against Enterprise Distributing Corporation, and made this case: (1) Petitioner “is the duly and legally appointed trustee in bankruptcy, by the District Court of the Dnited States for the Southern District of New York, of Dnited Picture Productions Corporation, a corporation under the laws of the State of Delaware.” The defendant is a Georgia corporation with its principal office in Eulton county, Georgia. (3) On January 17, 1920, the…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. The pertinent parts of the written contract between Enterprise. Distributing Corporation and United Picture Productions Corporation are set out in the foregoing statement of facts. Under this instrument the transaction between the parties is one of sale,- and not a lease proper, although denominated the latter. It is á sale under a nom de plume. This written instrument, wherein the Enterprise Distributing Corporation let to the United Picture Productions Corporation the property therein described, for the period of fifty-two weeks, the latter company…
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