M. H. Hoffman, Inc. v. Bernstein Film Productions

The defendant appeals from a judgment for six thousand five hundred dollars, with interest and costs, rendered on the common count for money had and received. On behalf of the appellant it is contended that the findings are not supported by the evidence, and that recovery on the common count could not be had under the facts disclosed.

The defendant, a producer of motion pictures, in April, 1917, had in course of production a picture play entitled “Who Knows. ’’ It had in contemplation the production of a series of other motion-picture plays. On April 6, 1917, the defendant contracted with one Zierler to deliver to him for exclusive distribution in the states of New York, New Jersey, and Connecticut the film of “Who Knows,” and to give him the option on later plays for distribution in those states. The contract price of “Who Knows” for the three states was six thousand five hundred dollars, of which Zierler paid one thousand dollars on the signing of the contract and promised to pay the remaining five thousand five hundred dollars on delivery of the film. The film was shipped to Zierler after May 1, 1917, and he paid to the defendant on its delivery the five thousand five hundred…