Pinecrest Productions, Inc. v. RKO Teleradio Pictures, Inc.

This is an appeal from an order directing issuance of a writ of execution in each of the above consolidated actions which arose out of the asserted breach of certain agreements for the distribution by defendant of films produced by plaintiffs. It is contended that in neither action was there a money judgment on which interest could be computed or for which execution could properly issue; in the alternative, it is further claimed that plaintiffs were not entitled to any sums assertedly awarded under the judgment since such sums in almost their entirety were later paid to plaintiffs’ assignees under a stipulation and interpleader judgment subsequent to the determination in the original or main actions.

The main actions, three in number, were commenced on April 20, 1959, and later consolidated for trial. Therein plaintiffs sought to enforce their purported rescission of the distribution agreements with defendant and damages for breach of contract, an accounting, injunctive relief and a declaration that defendant had breached its agreement in several particulars. Defendant cross-complained for breaches of the contract by plaintiffs, damages and recovery of attorney fees and…