£5000 DAMAGES

King Country Chronicle, Volume XXIX, Issue 4747, 17 September 1935, Page 7

£SOOO DAMAGES

"CAVALCADE" CASE. Giving, judgment in the Chancery Division in the action arising out of the production of "Cavalcade" as a film, Mr.. Justice Eve fixed damages for plaintiffs, Parnell and Zeitlen, Ltd., at £SOOO, says the Daily Telegraph. He gave plaintiffs judgment for that amount—with costs —against both the Theatre Royal Drury Lane, Ltd., and Mr. G B. Cochran, who had been brought in as third party by the theatre. Plaintiff complained that the film was a breach of the agreement by which they were given the right to tour Mr. Noel Coward's play in the provinces. Both defendants denied that they had broken their contract. The theatre pleaded in addition that, if there were any breach of contract, it was one of which they were not responsible. His Lordship, delivering judgment, referred to a clause in the agreement the object of which, he said, was to eliminate during the period covered by the grant the competition within the territory of every mechanical reproduction of the play or any part of it by talking films or pictures, television, broadcasting, or otherwise. Some months before the agreement of July 8, 1932, was completed the motion-picture rights and the motionpicture copyright in the play had been sold by Mr. Noel Coward and Mr. Cochran for 100,000 dollars to an American corporation, the Fox Films Corporation. Plaintiffs eventually learned that the film was to be shown in their territory. Plaintiffs spent £BOOO in preparing for their first tour, which, beginning in October, 1932, and ending in May, 1933, realised a very satisfactory profit of £II,OOO. Later the Fox film was extensivejy shown in plaintiff's territory. The facts disclosed a clear breach of the agreement on defendants' part. Sir William Jowett, K.C., for Mr. Cochran, said there remained an action which the Theatre Royal was bringing against Mr. Cochran—thirdparty proceedings. Mr. Justice Eve agreed to a stay of fourteen days, Mr. Gilbert Beyfus, K.C. (for the Theatre Royal), saying that he had a very arguable point of law on the construction of the agreement as to whether the claim against his client was valid.

The Judge ordered plaintiffs to pay the costs of the counter-claim in the original action.