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PARAMOUNT PRODUCTIONS v. SMITH

No. 8288.

91 F.2d 863 (1937)

PARAMOUNT PRODUCTIONS, Inc., v. SMITH.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 15, 1937.

Attorney(s) appearing for the Case

H. W. O'Melveny, Walter K. Tuller, Louis W. Myers, Pierce Works, and Jackson W. Chance, all of Los Angeles, Cal., for appellant.

Zach Lamar Cobb and Earl A. Littlejohns, both of Los Angeles, Cal., for appellee.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Judgment was rendered for appellee in his action against appellant for breach of contract, and the latter appealed.

It is admitted by the pleadings that appellee is the sole author of a story entitled "Cruise to Nowhere"; that appellee sold the story to appellant on April 29, 1933, for $2,500, as evidenced by a written contract containing the terms and conditions of the sale. This contract contains the following provisions:

"Second...

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