QUEEN CITY v. INDEPENDENT

[No. 161, September Term, 1962.]

230 Md. 387 (1963)

187 A.2d 459

QUEEN CITY ENTERPRISES, INC. v. INDEPENDENT THEATRES, INC.

Court of Appeals of Maryland.

Decided January 16, 1963.


Attorney(s) appearing for the Case

Philip J. La Macchia for appellant.

James H. Heller, with whom were Sher, Oppenheimer & Harris and Lee M. Hydeman on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and MARBURY, JJ.


HORNEY, J., delivered the opinion of the Court.

This action ex contractu to recover money due and owing under a film-booking contract presents multiple questions arising out of the "sale in bulk" of the business of operating a drive-in motion picture theatre.

The plaintiff is Independent Theatres, Inc. (Independent or creditor). The defendants are Queen City Enterprises, Inc. (Queen City or purchaser) and Baland Corporation (Baland or seller). Independent...

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