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Abstract

In 1921 plaintiff and defendant entered into a contract whereby defendant agreed to give plaintiff "one-half of all moneys" which should be received "from any revivals of" the play" 'Alias Jimmy Valentine' including productions in New York City, 'on the road,' or 'in stock.' " Plaintiff's share was to be mailed direct to him under division orders from wherever the play was being produced, accompanied by box office statements. It was stipulated that "all contracts . . . or other arrangements . . . affecting the title to the dramatic rights ( exclusive of motion picture rights) . . . or the production . . . in New York city, 'on the road,' or 'in stock' . . . shall be subject to our [plaintiff's] approval." Defendant had sold the silent motion picture rights prior to the contract and plaintiff had knowledge thereof. In 1921 talking motion pictures were unknown. In 1928 defendant sold the talking motion picture rights to the play. Plaintiff sued for half of the amount received. The court held, that plaintiff was entitled to recover on the theory of either an implied promise or of a constructive trust. O'Brien and Crouch, JJ., dissented. Kirk LaShelle Co. v. Paul Armstrong Co., 263 N. Y. 79, 188 N. E. 163 (1933).

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