SUPREME COURT

Dominion, Volume 12, Issue 1, 23 September 1918, Page 8

SUPREME COURT

"LITTLE WONDER" RECORDS

A QUESTION OF ROYALTIES INVOLVED In the Supreme Count on Saturday His Honour the Chief Justice (Sir Kobcrt Stout) continued the hearing of the case of Bannatyno and Lhiuter, Ltd., v. the Anglo-American Mnsic Store (John William Bell and Matthew Guthrie). The plaintiffs claimed the sum of £322 10s. 3d., in respect to the sale and delivery to the defendants of 387 packages of "Little Wonder" gramophone records. The defendants admitted the sale and delivery of the goods, hut coniended that the salo was subject to an express condition that such records had duly paid' all royalties, and otherwise might lawfully he sold without breach of copyright, and they returned, or offered to return,' the records when they ascertained that such records had not complied with the law of copyright. The defendants further contended that there was implied in any sale of records a warranty oil the part of the seller that all records so sold might be lawfully sold, and had been produced and sold with the consent and concurrence of the holders of the copyright in such records. The defendants claimed that if for any reason whatever it be found that they were unable to reject the said goods, and were limited to a claim for damages, then by reason of the breach of warranty they had sustained damages amounting to the full sale price of the said records, namely, £322 !os. 3d. Mr. T. Young appeared for the plaintiffs, mid Mr. A. W. Blair for the defendants. Joseph Henry Mills, manager of the Anglo-American Music Store, in his evidence stated that between 8 and 9 p.m. on December 17 he received _ a telephone message from Mr. Goodwin, town traveller for Bannatyno and Hunter. Ltd., asking him to come round and try the "Little Wonder" records. He went round to the warehouse, aud there were present Mr. Hunter. Mr. Bell, Mr. Goodwin, witness, and another. It war, noticed that some of the "Little Wonder" records were without adhesive stamns, and Mr. Bell asked Mr. Hunter, "What about it?" Mr. Hunter paid they were all right, that they did not need stamps, or words to'that effect. He then detailed tho circumstances leading up to the repudiation of the transaction owing to some difficulties with respect to the copyright law. as previously stated liv Mr.' Bell in his evidence. He would not undertake to sell records on which the. royalty had not been paid. This concluded the case for the dofence, and after hearing counsel His Honour reserved his decision.