Vitagraph v. Cantwell
| Decision Date | 22 May 1933 |
| Docket Number | No. 17747.,17747. |
| Citation | 60 S.W.2d 683 |
| Parties | VITAGRAPH, Inc., v. CANTWELL. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Linn County; Paul Van Osdol, Judge.
"Not to be published in State Reports."
Action by Vitagraph, Inc., against A. B. Cantwell. From a judgment granting defendant a new trial, after verdict for plaintiff, plaintiff appeals.
Affirmed.
L. P. McNamara, of Brookfield, for appellant.
C. M. Kendrick, of Marceline, for respondent.
Plaintiff is a New York corporation duly licensed to transact business in Missouri. It is a distributor of motion picture films to exhibitors in Missouri and elsewhere. It was alleged that as such it entered with defendant into seven contracts, six of which are identical except as to the names of the pictures to be shown, and the seventh which dealt with four pictures, respectively designated by the titles: "Kid Gloves," "Stolen Kisses," "From Headquarters," and "Hard Boiled Rose," whereby plaintiff agreed to furnish, and defendant agreed to accept, the respective pictures involved with licenses for the pictures in said contracts designated, for exhibition in the city of Marceline in the theater owned and operated by defendant; that by the terms of the said contracts plaintiff agreed to mail notices of the availability of said pictures, and defendant agreed to select "play dates" therefor within 14 days thereafter; that plaintiff under the contract in the first count mailed defendant notice of the date of availability for said picture entitled "Queen of the Night Club," the agreed price of which was $80; but defendant failed to select a play date for said picture and refused to accept said picture for exhibition, to plaintiff's damage in the sum of $80.
The same allegations were made with reference to the contract in the second count as to the picture "Redeeming Sin," the agreed price for which, and the consequent damage arising thereon, was alleged to be $80.
The same was also alleged with reference to the contract mentioned in the third contract concerning the picture, "Madonna of Avenue A," the price of which, and the consequent damage arising therefrom, was $80.
As also with reference to the contract in the fourth count in which the price was $80 and the damage was alleged to be $80 for failure to show the picture, "Glad Rag Doll."
In the fifth count in reference to the contract regarding the picture, "Stark Mad," the same allegations were made, and the damages asked were likewise $80.
And in the sixth count concerning the exhibition of the picture entitled "Queen of the Night Club," the same allegations were made and damages asked were $80.
The same allegations were made in the seventh count concerning defendant's failure to exhibit the four pictures, "Kid Gloves," "Stolen Kisses," "From Headquarters," and "Hard Boiled Rose," and the damages asked to be allowed in that count were $160.
The defendant first filed demurrer to each of said counts on the ground that the petition in that count did not state facts sufficient to constitute a cause of action. These ...
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Seymour v. Tobin Quarries
... ... that the verdict is against the evidence, although no ... evidence was offered by defendant. Vitagraph v ... Cantwell, 60 S.W.2d 683; Darnell v. Lyons, 51 ... S.W.2d 159; National Corporation v. Roberts, 80 ... S.W.2d 243; Farmers State Bank v ... ...
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Green v. First Nat. Bank of Kansas City
...opinion herein. Such conclusions are supported by the following cases in addition to those heretofore referred to: Vitagraph, Inc., v. Cantwell, Mo.App., 60 S.W.2d 683; Leavel v. Johnston, 209 Mo.App. 197, 232 S.W. 1064. It follows that defendant's motion for rehearing must be and is hereby......
- Butner v. Hayes Const. Co.