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Show I! BIG FIGHT IS Oil OVER 1 MOVING PICTURES 1 IN OGDEN I In district court today. Judge N J-Harris J-Harris granted a restraining order u the Peery Building company which restrains re-strains the Notable Feature Film company, com-pany, the Paramount Pictures corporation corpora-tion and L. Marcus from showing Paramount Par-amount pictures in any theatre in Ogden. Og-den. except the Ogden theatre, until turther notice. This action was taken upon the filing by Attorney John G Willis of an action against the abovo named defendants for breach of contract, con-tract, staking for an Injunction prohibiting pro-hibiting the defendants from showing Paramount picture at any theatre in this city, except the Ogden theatre, nnd asking that the defendants bo required re-quired to fulfill tho contract which it ir alleged they entered Into with the Ogden theatre for exclusive Ben Ice until March. 1. 1916, and asking for such damages as the court may seem fit. together with costs of the action. The complaint, entitled "Peery Ruildlng company vs Notable Feature Film company. Paramount Pictures corporation and L Marcus " sets forth that on July 22, 1914. the Ogden theatre the-atre first entered into a contract with tho Paramount concern, through the Notable company, Its Salt Lake agrents for the exclusive right to show Paramount Para-mount pictures In Ogden. In November, No-vember, this contract was renewed, it Is said, and on March 1. 191R, L. Marcus, Mar-cus, as manager for the Notable Feature Fea-ture Film company, further agreed to , give the Ogden theatre the exclusive right to Paramount pictures Accord- Iing to the Ogden theatres contention This contract Is still in force and ef feet, but the complaint recites that without cause or reason, notice hap now been given that Paramount pic tures will be taken from the Ogden theatre on May 1 and have been advertised ad-vertised to be shown in another picture pic-ture theatre in Ogden. According to the complaint, the Ogden Og-den theatre, because of the exclusive contract for a long period given it bj the Paramount people, expended larg-sums larg-sums in advertising Paramount pictures pic-tures in Ogden and in building up a following for those pictures, that the Ogden theatre has complied in every respect with the agreements made a ith the Paramount people, that al leged breach of contract on the part of the defendants will work a serious injury to the plaintiff. Tho complaint says, "The damages arising from such conduct cannot be ascertained nor plaintiff compensated therefor, nor Its loss in the premises." Therefore, the court is asked to restrain re-strain the defendants from permitting Paramount pictures to be shown at any other theatre, except the Ogden theatre and that tho defendants be required to keep and perform their contracts for furnishing the Ogden theatre with Paramount pictures. Judge Harris granted the restraining restrain-ing order today commanding the defendants de-fendants until further orders to "absolutely "ab-solutely desist and refrain from" In nnv way exhibiting Paramount plc-turee plc-turee In any theatre or showhouse in ( : den except the Ogden theatre. I oncerninK the action which it Is !d ic th( first suit of the kind ever iBtituted over motion pictures in country H. W Peery, manager of the Peery Buildlnp company which o?ns and operates the Ogden theatre, said today: I "We were the only theatre in Og-den Og-den willing to show these Paramount Pictures at the time the were started and, after entering into contract with Mr Marcus of Salt Lake, who represents repre-sents the Paramount corporation in this territory, and receiving his assurance assur-ance that we would retain the exclusive exclu-sive right to show these pictures, we proceeded to expend large sums of money In advertising them, gave them first class representation in our theatre the-atre and put forth every effort to make the pictures known to the public pub-lic and to build up a large following for them in this city "Learning this spring that efforts were being made to take the Paramount Para-mount pictures elsewhere, we conferred confer-red further with Mr. Marcus and were again assured that no change would be made. On March 1 last, he asked an advanced price for the4 pictures pic-tures and we agreed to pay him' th advanced price m consideration of which we were to receive the exclusive exclu-sive right to continue showing the pictures for one more year or until .March I, 191(. This contract as made on March 1 last. On March 8, ! Mr. Marcus called me by long distant dis-tant e telephone and notified me that he had decided to give the service to a competitor He gave no reasons whatever We have no 'ax to grind' in this matter, but we feel as do all other business men that a contract entered Into in good faith is a contract that should be kept, and as Mr. Marcus Mar-cus has persistently refused to give I us h reason for his action, saying that he wan well satisfied with the representation repre-sentation we have given, as Mr. Hod klnaon. the head of the Paramount Pictures corporation, has especially praised the work this theatre has done In creating a following for Paramount pictures, and as it seems impossible to get the contract entered into with ns, carried out. we have but one recourse re-course the courts ' |
