FILM DISPUTE

Hokitika Guardian, 10 November 1933, Page 8

FILM DISPUTE

ALLEGED BREACH OF CONTRACT

CLAIM MADE BY DISTRIBUTORS

(Par P»ess Association — Copyright.)

WELLINGTON, November 8

A case of interest to motion picture proprietors, heard at the Magistrate's Court to-day, was a claim by R.K.O. Radio Pictures, Australasia, Ltd., film distributors, for £76 7s 7d from C. E. Gray, Auckland, formerly proprietor of the Manurewa Picture Theatre, as the result of an 'alleged breach of contract. The claim sta-ed that, under an agreement mule on September 30, 1932, the deienclan l undertook to hire and exhibit forty Ifilms. Te exhibited only five, and disposed of fiis interest in the theatre, refusing, it was alleged, to carry om the remainder of the .contract. The amount of rental due for tne films was £65, plus 50 per cent. of the gross proceeds over. £ls for each exhibition.

A further £ll 7 S 7d wa s due in respect of films previously supplied. It was stated for pi. intiffs that the new proprietor of the theatre made arrangements for films elsewhere than from.them. Jt was also stated that the question of the quality of the films was never raised, until the civ e was brought to court. It would he shown that the quality was well up to standard, and that the drop in receipts was only i,n accordance with a general decline which had been evident in the film business.

Walter Ai Kritch gave evidence for plaintiff on the lines indicated h> counsel. He denied that he told Gray there would be seventy pictures from which forty could !be selected. He had said fifty-two films would be available. H;id Gray continued under his contract, he would have had. sixtythree films to choose from.

In concluding the case for the plaintiff Mr Cousins said that it arose out of a practice among film exhibitors throughout the Dominion of blaming the .producers for the decline in the motion picture business. Mr Goldwacer said that when the contract was ‘ entered into, there had been false . representation of fact—recklessly, although not. of necessity, deliberately .falsely. If pictures d:d .not draw houses, then the picture proprietor, would be .ruined, The Magistrate reserved his decision. '