Kohn

Plaintiff commenced this action to recover a large amount of damages—a sum in excess of $100,000— which he alleged he had suffered by reason of breach of contract committed by the defendant. The contract was set out in full in the complaint. The defendant’s answer denied the material allegations as to plaintiff having been damaged and especially alleged that the entire controversy had, on a date prior to the commencement of the action, been settled by agreement between the parties. At the conclusion of all the evidence the trial judge directed the jury to bring in a verdict in favor of the defendant, which verdict was returned and judgment entered accordingly. From that judgment plaintiff has appealed.

The defendant corporation was engaged in the business of manufacturing films for exhibition purposes. The plaintiff dealt in films as a producer. The contract between defendant and the plaintiff was made on the 12th of January, 1920, and required the defendant to manufacture twenty-six one-reel comedies featuring “Smiling Bill Jones” and twenty- six one-reel comedies featuring “Polly Moran.” The contract provided that the films should he “first-class, salable, standard comedies”…