CLAIM FOR HIRE OF FILMS

Dominion, Volume 12, Issue 36, 6 November 1918, Page 8

CLAIM FOR HIRE OF FILMS

RESERVED JUDGMENT. Mr. W. G. Riddell, S.M., delivered rreeerved judgment in the Magistrate's Court yesterday morning jn the caso_ in which ' the Paramount Service of Now Zealand, Limited, Woceeded against G. L. Johnston, on a maim of .£175 3s. Gd. in respect of film hire and goods eupplied to the Britannia and People's Picture Palace Theatres, of which defendant is the proprietor. . .. ■ • ' The Magistrate said in the course of his judgment that the main dispilte centred around the sum'of J3112 19s. 6d., alleged to be owing for film hire to the People's Picture Palace between September 26 and November 15, 1917. Both parties agreed that films were to be supplied by the plaintiff company to .the defendant for a period, .according to the plaintiff, at the rate of MQ per week, subject to conditions which were in dispute. Tho terms of tho contract 4vcro not reduced to writing, and there was a liiferenco of opinion as to where the contract wns arranged. Plaintiff supplied tho films as agreed and defendant made regular payments to November 7, when, according to ' his statement his position disclosed a loss, and he ceased ■making payments. . Sometime later tho plain tiff complained that the defendant had not adhered to an experiment proposed that after a certain number of pictures had been screened defendant could disclose the amount of business done, and if necessary plaintiff would meet him to the extent df/iEIO weekly for the next six-pictures. If plaintiff's evidence ■■was correct defendant, would be liable, as he had not given plaintiff opportunity to cany out the arrangement by which defendant's losses would have been wiped out. On tho other hand, if what defendant said was correct, tho exact position between 'the parties could only bo ascertained at the end of the period, during which defendant was required to nay ,£4O. per week for the film supply. Upon the evidence' submitted it was impossible to say what wnswrthg-iexact nature of tho arrangement, si© on that part of tho clafci plaintiff must be noneuitei with costs to , tho defendant amounting to M 19s. 6d. On the balance of the claim judgment was given for plaintiff for .£62 45., with JC6 125.. costs. At tho hearing Mr- , 0. C. Jlazengnrb appeared for the,plaintiff and Mr. A. W. Blair for tho defendant.