King Features Syndicate, Inc. v. Cape Cod Broadcasting Co.
Massachusetts Supreme Judicial Court
1Opinion of the CourtWilkins, J.
This is an action for breach of a written contract whereby the plaintiff was to furnish leased wire news reports to the defendant. The case was heard on a “statement of agreed facts” by a judge, who ordered judgment for the defendant. The plaintiff appealed.
The “statement of agreed facts” contained a letter which “may be submitted in evidence,” a computation which “may be considered by the court,” and a summary of lost profits as to which the “plaintiff will testify.” Accordingly, it is not an agreement upon “all the material ultimate facts on which the rights of the parties are to be…
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