Page:Federal Reporter, 1st Series, Volume 6.djvu/756

 74e ���FKDEBA.L REPORTER. ���JBlatchfoed, C. J. This suit was brought in the court of common pleas for the city and county of New York. The ccipplaint therein sets forth in substance that in July, 1879, the plaintiff and the defendant Marshall H. Mallory made a written contract, isinder which the former was to devote him- self to the service of the latter as author, manager, actor, director, or in any other capacity having any connection with theatrical labor; and the entire product of hia labor and skill, and ail copyrights and patents therefor, and ail income therefrom, or from any play or invention of the former, and from the use of any of the services of the former anywhere in anysuch capacity, were to be the exclusive property of the latter; and such copyrights and patents and income were to be assigned and paid to the latter; and the former made cer- tain covenants to secure said results; and the latter agreed to pay to the former an annual salary of $5,000, in equal monthly instalments, and also agreed that if the profits of the enterprises in which the services of the former should be employed by him should be equal to twice the amount of money, with interest, expended by him thereon, or if the amount so expended should be less than $30,000, when such profits should equal the amount so expended by him, with interest, and $30,000 in addition, then such annual salary should be increased by a sum equal to one-fourth of the net profits produced in each year thereaf ter from said enterprises ; such agreement to continue for 10 years, with provisions for a renewal of it or for a termination of it at the end of any year, at the option of the latter, and for certain benefits to the former, undet certain eiroumstances, on such termination; that the plaintiff bas fuUy performed said contract ; that he assigned to M. H. Mallory the copyright of a play called "Hazel Kirke," of which he was the author, and the exclusive right to a mechanical device, of which he was the inventer, called the "double stage," secured to him by letters patent of the United States; that said copyright and patent were of large value ; that M. H. Mallory invested money in fitting iip a theater in New York, and in equipping a second company to present said play elsewhere, and in purchasing theatrical ��� �