MOTION PICTURES NOT SHOWN

Hokitika Guardian, 22 May 1931, Page 2

MOTION PICTURES NOT SHOWN

ACTION FOR DAMAGES. FULLER-HAYWARD FIR^I. SUED. WELLINGTON, May 19. .L Two sound-synchronised motion pictures, ’“Evangeline” and “\ enus, were the subject of an action for damages taken in the Supreme Court toI*. day before the Chief Justice, Sir Micj. \ hael Mvcrs. It was claimed by United Artists !'• (Australasia), Ltd., that an agreement was entered into with the b ullci - y Hayward Theatre Corporation, Ltd., f". fc-r exhibition by the Fuller-Hay warn jH‘ firm of two pictures, “Evangeline It in Wellington and ♦“Venus” in UunV s edin, and that neither was shown. t* United Artists, Ltd., claimed for this jp, alleged breach of contract £450 dam- ’ . ages in respect of “Evangeline” and £4OO damages in respect of “Venus.” ;! Mr H. E. O’Leary, with him Mr R. ' 11. E. Evans, appeared for plaintiff; • and Mr A. Gray, K.C., with him Mr *f A. T. Young, for defendant, < The statement of claim that ■ ■.•iJSfn July 25, 1029, defendant entered '•. *ihto an agreement tot exhibit the plt- “ thru “Evangeline” at One or other of ‘‘ ' 'jho Wellington theatres tiallled before December 31, 1020. It. was claimed that % agreement contained a clause providing that, should defendant fail to exhibit the picture in accordance with those terms, defendant should pay to I “* i - the distributor as liquidated damages for breach of agreement the snip, of £l5O. The picture wag not exhibited br advertised by -defendant and on' March 24, 1930, defendant notified plaintiff jin writing that defendant wished to cancel the agreement, together with other agreements of the same nature.

In regard to the picture “Venus” it was urged by plaintiff that an agreement was entered into with defendants for its exhibition in Dunedin that that picture also had not been exhibited by defendant and that loss had been suffered by plaintiff. STATEMENT BY DEFENCE. The agreement and their terms advanced by plaintiff were denied by de- ■ 'fendant in a statement of defence. 5? was contended further that it if' were fe proved that defendant made the agreements alleged, such agreements were 5Y indefinite, yoid and unenforceable in H* as much as no dates were fixed for the * ’ot exhibition of the two’ pictures. ! Alter? ~ natively, it. was claimed that, if the it ‘ ? documents referred to constituted val- . m id, jenforeeable 1 contracts (which 'Was denied) plaintiff Was not entitled to the relief claimed. Mi' O'Leary dealt at longtii with the Cthirfcispcindence between the parties and referred to tlm terms of one of the alleged contracts, In July, 1929 ,Mr Doyle, general manager for Australia and) New Zealand of the plaintiff company, was In New Zealand and, in conjunction with Mr Allen, New Zealand manager of the company ,negotiated with Messrs Hayward and Quinn, representing the defendant company, counsel continued. Counsel -contended thaet an agree-, meiit Y »was made for the exhibition of a number of pictures, including thetwo/which were. tlib subject of v the action?. .y ' ■

.*.v. *■ •: ; a •• •• The film, :biLsiness,;' at';that time was in a transition stag|;S : Sound-synchron-ised and talking films''. were being introduced and there was a certain amount of uncertainly as to how the ne wtype of picture would “take of/**' with the public. It was clear, it was submitted, that the two were to be exhibited by: the exhibitor beifore December 31. ivlr O’Leary then, b|ljecl evidence the first witness being Bernard Charles Al- i len, New Zealand manager of the pia»u tiff company. , i'-i' ' v . Witness said that sound synchronised pictures here • were drawing good houses. .. ..

TALKIES TOO POPULAR. ; Mr Gray, for the defence said tlias the date fixed by plaintiffs for exhibition was long, after the agreements expired and constituted a waiv,U}£ of tlie right. Plaintiff did not Oliver the films for exhibition and |lj&re could be.ino exhibition, under the (sffcumstances as the exhibitor was ndt allowed to fix the' datefe. Talkies were so popular that synchronised films were not in public favour; therefore little damage was suffered by non performance. 1 . It would have been useless to put' sound pictures' against talkies. ‘ «

The case was, adjourned till to-mpr-row.l 1 ■ '" • ;