FILMS NOT EXHIBITED
DECISION RESERVED ON CLAIM FOR DAMAGES.
WELLINGTON, May 20
The action for damages for breach of contract brought in the Supreme Court by United Artists (Australia), Ltd., against the Fuller-Hayward Corporation, Ltd., was continued to-day. The Chief Justice reserved his judgment.
The first claim was for £45(3 damages for not ’.exhibiting the film “Evangeline,” at Wellington in .accordance with an agreement, and the second claim was for £4OO in respect of the film “Venus,” to) be exhibited, at Dunedin and not exhibited
Mr Young, for tbcQlpfence, contended that no date had‘been arranged lot exhibition within the period of the agreement and, as damages could only be assessed subject to a date having been fixed, no damages were recoverable.
Mr O’Leary replied to the argument that the- plaintiff company had waived performance by not fixing a date loi exhibition until after the agreement had expired by saying that it Vvas forbearance and not abandonment oi rights. There was not the same disparity between sound-synchronised films and talkies in 1929 as there was to-day and the claim for damages was reasonable.
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Hokitika Guardian, 22 May 1931, Page 2
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182FILMS NOT EXHIBITED Hokitika Guardian, 22 May 1931, Page 2
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