Douglas MacLean Productions v. Warner Bros. Pictures, Inc.

Plaintiff sued on a written contract. The cause was tried before the court sitting without a jury and the plaintiff had judgment for $5,000, from which the defendant appeals on typewritten transcripts.

Both parties to the agreement were motion picture producers. In the summer of 1929 negotiations were had concerning the purchase by the defendant of certain literary rights of the plaintiff. On October 31st of that year plaintiff made a written offer to defendant, which was duly accepted by the' latter and which reads: “FOR AND IN CONSIDERATION of the sum of Five Thousand ($5,000) Dollars to be paid to Douglas MaeLean Productions on or before February 15, 1930, by Warner Bros. Pictures, Inc., the said Douglas MacLean Productions, a corporation organized and existing under and pursuant to the laws of the State of California, hereby assigns all of its right, title and interest in and to that certain contract dated December 21, 1923, by and between Shubert Theatrical Company and Douglas MacLean Productions for the purchase of that certain original play entitled ‘ NEVER^SAY-DIE ’, a copy of which agreement is hereto attached.

“SUBJECT TO the rights of Pathe, Inc., as distributor of…