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Nichols v. Hurtig & Seaman Theatrical Enterprises, Inc.

245 N.Y. 549 Court N.Y. Decision date 1927-05-03 English

Contents

Majority

p. 549
Anne Nichols et al., Appellants, v. Hurtig & Seaman Theatrical Enterprises, Inc., et al., Respondents, Impleaded with Others.
(Argued March 31, 1927;
decided May 3, 1927.)

Headnote

Contract — license to produce play —- action to restrain production on ground time named within which play was to he produced had expired.
Nichols v. Hurtig & Seaman Theatrical Enterprises, Inc., 217 App. Div. 107 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in" the first judicial department, entered June 4, 1926, unanimously affirming a judgment in favor of defendants entered upon the report of a referee. The action was to restrain defendants from producing a certain play in certain portions of the British Empire on the ground that the rights which defendants liad secured from plaintiffs to so produce the
p. 550
play had reverted to plaintiffs by reason of defendants’ failure to produce it within the time named in contracts between the parties.
Benjamin Pepper and M. L. Malevinsky for appellants.
Joseph J. Myers for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.