Facts
Plaintiff Fox Film Corporation sued defendant Muller in the state trial court of Minnesota, alleging that Muller had breached two contracts to exhibit the company's motion pictures. Muller's defense was that the contract was invalid under the Sherman Antitrust Act. The trial court found for Muller, first determining that the contract was invalid under the Sherman Act. The Minnesota Supreme Court affirmed, and the plaintiffs petitioned the U.S. Supreme Court for certiorari. When it was discovered that the judgment was not final, the writ of certiorari was dismissed as improvidently granted. The case was then remanded back to the state supreme court, which framed the question on appeal as whether the arbitration clause was severable from the rest of the contract.
The state supreme court followed the judgment of the U.S. Supreme Court in the case of United States v. Paramount Famous Lasky Corporation, 282 U.S. 30 (1930), which held that a similar contract was illegal in its entirety. The court then determined that the arbitration clause was not severable from the rest of the contract, rendering the entire agreement void.
Read more about this topic: Fox Film Corp. V. Muller
Famous quotes containing the word facts:
“Is it true or false that Belfast is north of London? That the galaxy is the shape of a fried egg? That Beethoven was a drunkard? That Wellington won the battle of Waterloo? There are various degrees and dimensions of success in making statements: the statements fit the facts always more or less loosely, in different ways on different occasions for different intents and purposes.”
—J.L. (John Langshaw)
“The past is of no importance. The present is of no importance. It is with the future that we have to deal. For the past is what man should not have been. The present is what man ought not to be. The future is what artists are.
The facts: nothing matters but the facts: worship of the facts leads to everything, to happiness first of all and then to wealth.”
—Edmond De Goncourt (1822–1896)
““Now what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life. Plant nothing else, and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of service to them.””
—Charles Dickens (1812–1870)