The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1916-04-07
DECKER PIERCE
CASE NOW ENDED
Supreme Court Affirms
decision of lower court
in celebrated Picture
show litigation.

The Decker va. Pierce "Picture Show
Litigation" which has been in the courts
for the past year. is ended. The Supreme
Court 10 an opinion filed last Friday,
affirmed the decree flied in the circuit
court and aIarded all costs to the CON-
plainant.
This litigation started last April, when
George Pierce was epjoined from operat-
ing picturs show in the Longwell opera
house known as the Colonial Theatre.
M. l.. Decker purchased the Idle
Hour theatre from Mr.. and Mrs. George
Pierce in December 1913 part Of the
consideration of sale as set forth in the
contract, provided that Mr.. and Mrs.
Pierce should not engage In like bust.
ness in Paw Paw for period of five
years, and that they should not hire out
to, or work for any other parties that
might engage in a like business for a
period of two years. The contract also
provided, in case of violation OF these
restrictions, damages stipulated at $500.
After the transfer, Mr.. Decker signed
an agreement, whereby it was under.
stood that in case he sold the Idle Hour,
the obligation relative to Mr.. and Mrs.
Pierce starting a moving picture show
in Paw Paw should be null and void.
Mr.. Decker then entered into an agree.
ment with his son Royal and Rule j.
Crosbie, for the sale OF the business on a
contract. Royal and Mr.. Crosbie con.
Quoted the business for several months,
but nothing was ever paid on the con-
tract and Mr.. Decker took back the
business and property.
IL was the contention of defendants
that this contract constituted a sale
which made the obligations of Mr.. and
Mrs. Pierce null and void and the Col
onial Theatre started doing business
about six months prior to the expiration
of the stipulated two years. 1t was then
closed by an injunction, issued on COM
plant OF M. l. Decker of the Idle Hour
theatre. A trial of the case in the
circuit court resulted in a decision in
favor Of complainant, the decree stipu-
latng thaV the Colonial might reopen
90 the filing of a bond in the sum of
81 0 W, pending a review Of the case in
the supreme court. The bond was filed
and the theatre opened. 1t was later
closed however, voluntarily.
The supreme court afiirms the judge
ment OF the lower court in the sum OF
$4,000 damages, and awards all costs of
the suit to complainant. 10 conclusion
the supreme court says
1--WE have read the evidence con tanned
In this record with care; and are satisfied
that the trial court reached the correct
conclusion upon the facts. The decree Is
criticized by defendants counsel. because
OF the provision suspending the operation
of the perpetual injunction upon the
filing OF certain bond by the defend
ants. 1t certainly was optional with the
defendants whether to enter into this
bond or not. They have done so voluu-
tarily, we do not think any question
relating to it is presented to this court.
The decree of the court below is affirm.
ed. with costs to the complainant"
1t has been a hard fought case from
start to finish, and tie conclusion reflects
much credit on complainant's attorneys,
Glenn e. Warner of Paw Paw and Vic.
tor M. Gore OF Benton Harbor of coun.
sci.
Defendants we're represented 10 circuit
court by attorneys A. Lynn Free of Paw
Paw and A. j. Mills of Kalamazoo, and
in the supreme court by W.. Barnard
and Earl Burhans OF Paw Paw.