Mirror Films Incorporated was a short-lived motion picture company producing films from late 1915 to early 1917. Their stated purpose was to bring business practices to bear on motion picture production in order to make a profit, to "look upon film...as so much canned product".
77-647: Mirror Films Inc. was incorporated on September 23, 1915. Founders included Clifford Harmon , W.C. Toomey, Frank Hastings (treasurer), Abraham Archibald Anderson , Richard G. Hollaman, Harry Rowe Shelley , John W. Houston , Joseph Howland Hunt (brother/partner of Richard Howland Hunt ), Andres de Segurola , and others. Captain Harry Lambart, formerly a director at Vitagraph , was retained as director-general in charge of productions. The company's offices were located at 16 East 42nd Street in New York City. Formation of
154-653: A condition or a warranty . Any breach of contract (warranty, condition or innominate term) gives rise to a right in the hands of the innocent party to recover their damage suffered which caused by the breach of contract by the defaulting party. Damages in the UK are the only remedy available for breach of a warranty. Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, rescission , and restitution . Damages are classified as being compensatory or punitive. Compensatory damages are rewarded in an attempt to make place
231-453: A 1990 commercial retail lease case noted that "the overwhelming majority of [US] jurisdictions... hold the landlord's right to terminate is not unlimited. We believe a court's decision to permit termination must be tempered by notions of equity and common sense. We thus hold a forfeiture for a trivial or immaterial breach of a commercial lease should not be enforced." In Rice (t/a The Garden Guardian) v Great Yarmouth Borough Council (2000),
308-409: A breach of an agreement is "material" must depend upon all the facts of the particular case, including the terms and duration of the agreement in question, the nature of the breach, and the consequences of the breach. when judging what the parties meant when they referred to a breach having to be "material" and "remediable" ( sic ) it seems to me that they must have had in mind, at least to some extent,
385-566: A breach-of-contract lawsuit against Mirror Films in late May 1916, alleging he was owed more than $ 15,000 in back wages. Legal wranglimg in the case continued until the case was heard by the New York State Supreme Court in March 1918. The lawsuit resulted in the seizure of Mirror's Glendale studio in June 1916, though Mirror executives secured a bond to re-open the studio and disputed the effect
462-400: A contract specifies time is of the essence or otherwise contains an express or implied term that times for performance are critical, stipulations as to time will be conditions of the contract. Accordingly, if a party fails to meet a meet the time stipulations, it will be a breach of a condition of the contract, entitling the innocent party to terminate. Breach of a condition of a contract
539-416: A contractual or statutory provision, any breach of contract is categorized: There is no "internal rating system" within each of these categories (such as "a serious breach of warranty"). Any breach of contract is of a breach of warranty, condition or innominate term. In terms of priority of classification of these terms, a term of a contract is an innominate term unless it is clear that it is intended to be
616-447: A cure period may not be available where the innocent party chooses to accept a repudiatory breach and therefore exercise its common law rather than its contractual rights. Fundamental breach of contract is no longer the test for a serious breach of contract to justify termination. The test is that set out for repudiatory breach, above. The concept of fundamental breach as a free standing legal concept no longer has any legal force but
693-497: A film production company formed to apply business practices to film and "look upon film...as so much canned product". The company exhausted its working capital by mid-1916 and was subsequently mired in lawsuits (notably a breach of contract lawsuit filed by Nat Goodwin ) through 1918 which put the company out of business. Clifford Harmon married Zephyr Hord on September 18, 1887, in Dayton, Ohio ; they divorced sometime after 1898. Harmon
770-504: A flight duration record of 48 hours 26 minutes as well as an altitude record of 24,000 feet in his gas balloon New York . Later in October he was a witness for a Wilbur Wright flight of 27 minutes (the longest at a government aerodrome at the time). Harmon began 1910 by attending Aviation Week in Los Angeles, California, bringing a Curtiss aircraft and a balloon; while there he conducted
847-601: A manner which is inconsistent with the terms of the contract also shows an intention not to perform the contract. Whether such conduct is so severe so as to amount to a renunciatory breached depends upon whether the threatened difference in performance is repudiatory. An intention to perform connotes a willingness to perform, but willingness in this context does not mean a desire to perform despite an inability to do so. To say "I would like to but I cannot" negatives intent just as much as "I will not". Contracting parties must perform contracts in strict accordance with their terms: what
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#1733084819946924-436: A material breach: In determining whether a failure to render or to offer performance is material, the following circumstances are significant: Renunciatory breach (usually referred to as anticipatory breach or breach by anticipatory repudiation ) is an unequivocal indication that the party will not perform when performance falls due or a situation in which future non-performance is inevitable. An anticipatory breach gives
1001-673: A number of balloon flights with passengers. In March 1910 he attempted a balloon flight from San Antonio, Texas to New York, but was brought down early by weather. In July 1910 he set an American endurance record for airplane flight in Boston, staying aloft 3 hours 3 minutes 30 seconds; the record was broken in September. Later in July Harmon made an attempt to fly across the Long Island Sound , but crashed when his Farman III biplane lost power; he
1078-622: A plaque commemorating Lindbergh at Le Bourget airport in Paris. In December 1928 Harmon sent a proposal to the League of Nations for an international air force that could be used by the League to prevent wars. While the proposal received some support, it was never seriously considered. In September 1930 Harmon made a flight in Villacoublay , France, commemorating his Long Island Sound crossing; with him on
1155-479: A repudiation. However: The reason for a defaulting party committing an actual breach is generally irrelevant to whether it constitutes a breach, or whether the breach is a repudiation (this is an incident of strict liability for the performance of contractual obligations). However, the reason may be highly relevant to what such breach would lead the reasonable observer to conclude about the defaulting party's intentions in relation to future performance and therefore to
1232-484: A repudiatory breach. Simply because a term in a contract is stated by the parties to be a condition does not necessarily make it so. Such statements though are one of the factors taken into account to decide whether it is a condition or warranty of the contract. Other than where the colour of the pipes went to the root of the contract (suppose the pipes were to be used in a room dedicated to artwork related to plumbing, or dedicated to high fashion), it would more than likely be
1309-478: A scheme to commute regularly from New York to points at the eastern end of Long Island by airplane. After moving to Paris in the early 1920s, Harmon became an advocate for various aviation causes. In December 1924 he offered to replace the Gordon Bennett Cup after it had been won by Belgium; the following year he proposed a memorial in Paris to Lafayette Escadrille aviators; the model for the monument became
1386-418: A screenplay by Adrian Johnson . Mirror reportedly sent a total of 40 actors and stage personnel to produce the picture. The film went significantly over-budget due to various issues, some of which were of significance in the trial resulting from a 1916 Nat Goodwin lawsuit against Mirror. There is no evidence to indicate the film was ever released. The Mirror production of A Wall Street Tragedy (lost film)
1463-417: A small down payment and paying what they could monthly. This "Easy Pay Plan" opened the possibility of home and land ownership to large groups who might not otherwise be able to do so. Harmon and his uncle both liked the idea; together they pooled a total of $ 3000 to start Wood, Harmon & Co . Their first development was near Loveland, Ohio , and consisted of 200 lots. With some well-crafted advertising,
1540-561: A studio for film production, as well as using facilities available in Jacksonville, Florida . Clifford Harmon subsequently orchestrated a land deal to expand production facilities in Glendale for $ 150,000. Mirror began production of The Marriage Bond ( lost film ) in February 1916, filming in Glendale, NY. The film was a 5-reel motion picture and starred Nat Goodwin and Margaret Greene. Also in
1617-517: A term is a warranty or a condition of the contract. In respect to the EPC Agreements, material breach is defined as "shall mean a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure". Other UK cases which relate to the concept of a material breach include: Whether
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#17330848199461694-404: A warranty, not a condition. The general rule is that stipulations as to time in a contract are not conditions of the contract (there are exceptions, such as in shipping contracts; it depends in part upon the commercial importance of timely delivery in all the circumstances of the case). As such, missing a date for performance stipulated in a contract is usually a breach of warranty. However, when
1771-551: A wealthy American real estate developer and founding partner of Wood, Harmon & Co., as well as a noted early amateur aviator. Clifford Burke Harmon was born on July 1, 1866, in Urbana, Ohio , the youngest child of William R. and Mary Wood ("Molly") Harmon. He had one older brother, William Elmer Harmon , born in 1862. His father William R. Harmon fought in the Civil War with the 70th Ohio Volunteers and later served as an officer with
1848-418: Is a legal cause of action and a type of civil wrong , in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail
1925-637: Is actual failure to perform the contract as and when specified constitutes the first and most obvious type of breach. A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract. As noted by Seddon et al, these forms of breach of contract overlap, and an actual failure to perform may manifest an unwillingness or inability to perform. This
2002-602: Is known as a repudiatory breach . Again, a repudiatory breach entitles the innocent party at common law to (1) terminate the contract, and (2) claim damages. No other type of breach except a repudiatory breach is sufficiently serious to permit the innocent party to terminate the contract for breach. Contracts often use wording other than repudiatory breach to describe a type of breach of contract. These contractual terms include material breach , fundamental breach , substantial breach , serious breach . These alternative wordings have no fixed meaning in law but are interpreted within
2079-412: Is more than trivial, but need not be repudiatory" and confirmed as meaning "a breach which is substantial. The breach must be a serious matter, rather than a matter of little consequence." A breach of contract will likely constitute a material breach if the term of the contract which has been breached is a condition of the contract. A variety of tests may be applied to terms of contracts to decide whether
2156-412: Is not always the case: an individual may fail to perform a contractual obligation even when willing or able. These classifications describe only how a contract can be breached, not how serious the breach is. A judge will make a decision on whether a contract was breached based on the claims of both parties. The first type above is an actual breach of contract. The two other types are breaches as to
2233-494: Is now simply another possible term of a contract that needs to be construed like any other term of a contract. A fundamental breach is usually read as a reference to a repudiatory breach. A term may be a condition in Australian law if it satisfies one test known as the test of essentiality. The test of essentiality requires that the promise (term) was of such importance to the promisee that he or she would not have entered into
2310-410: Is the difference in value between red pipe and blue pipe. Since the color of a pipe does not affect its function, the difference in value is zero. Therefore, no damages have been incurred and the homeowner would receive nothing (see Jacob & Youngs v. Kent .) However, had the pipe color been specified in the agreement as a condition , a breach of that condition may well constitute a "major"—i.e.
2387-669: The Harmon Trophy for aviation. In 1926 Harmon founded and financed the International League of Aviators ( Ligue Internationale des Aviateurs ), followed by a promotional tour of Europe financed by the King of Belgium and using a Caproni bomber on loan from the Italian Air Force. In May 1927 Harmon was on hand for Charles Lindbergh 's arrival in Paris; Harmon met Lindbergh during post-flight receptions. In June, Harmon installed
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2464-793: The Hotel Martinez . In 1932, Harmon accidentally drank a quantity of disinfectant, mistaking it for medication. He quickly drank a large quantity of hot water, diluting it and preventing a fatal overdose. Harmon suffered a severe stroke in 1939 and was effectively an invalid afterwards. He resided in Cannes during the Nazi occupation in World War II, but due to his condition German forces did not pursue internment or other confinement. Clifford Harmon died on June 25, 1945, in Cannes, France . In his will he left $ 48,431 for
2541-452: The surety company which was holding the bond from Mirror that was used to reopen the studio. The suit was still in litigation when Goodwin passed away in January 1919. By 1919, no securities information on Mirror Films Inc. was available, and the company was effectively insolvent and out of business. Clifford B. Harmon Clifford Burke Harmon (July 1, 1866 – June 25, 1945) was
2618-487: The " Buffalo Soldiers ". Harmon grew up in Lebanon, Ohio , attending the local public schools. In 1884 his mother passed away, followed by his father 6 months later. In 1887, Harmon's brother William approached him and his uncle Charles Wood with a business proposition. William had determined that there was money to be made by providing a way by which people interested in owning a home could purchase one in installments, making
2695-742: The American embassy in Rome, Italy. In May 1925 Harmon was involved in a fistfight in Monte Carlo with Arthur St. John over St. Johns unwanted advances towards Keltie. Keltie and Harmon were engaged to be married in July 1925; the marriage was postponed in November 1925 and the engagement was broken in early 1927. Later in 1927, Clifford Harmon was best man at the marriage of Pola Negri and David M'divani in Paris. In 1930, Harmon moved to Cannes, France, taking up residence in
2772-524: The June Indianapolis balloon race, with A. Holland Forbes; his balloon was fired upon at night traveling over Morgan County, Alabama . In September 1909 he was the subject of a large search when he flew solo over western Massachusetts and lost contact with those on the ground; Harmon landed safely and returned to city via car and train. In October 1909 at the St. Louis Centennial balloon race Harmon again set
2849-802: The NY Guard Service, Troop A, Squadron A; he was discharged June 12, 1918. On October 13, 1918, he was commissioned as a captain in Air Signal Corps and served in France from November 1918 to January 1919, training aviators. He was discharged from the service January 24, 1919, with the rank of captain and 5% disability. Harmon was excluded from E.C. Benedict's will when Benedict passed in 1920; Louise Benedict and Clifford Harmon were divorced April 7, 1925. Harmon moved to Paris, France sometime after 1920 and became involved with Parisian society. He met Madeline Keltie, an opera singer 24 years his junior, in 1924 at
2926-480: The UK Court of Appeal decided that a clause which provided that the contract could be terminated "if the contractor commits a breach of any of its obligations under the contract" should not be given its literal meaning : it was considered "contrary to business common sense" to allow any breach at all, however trivial, to create grounds for termination. A material breach has been held to mean "a breach of contract which
3003-541: The building of the Brooklyn Bridge and expansion of the city's rail transit would provide opportunities for the company. The bet on this expansion proved to be fortuitous, with the company ultimately developing over 20,000 building lots in Brooklyn. Wood, Harmon & Co. also diversified by creating other companies to acquire and hold business properties and real estate for lease and/or sale. In 1907, disagreements between
3080-578: The cast were Raymond Bloomer , Anne Jeffson, P.J. Rollow, and Loel Steuart; Lawrence Marston directed. The film was released in July 1916 by Unity Sales Corporation. Mirror began production of Turned Up (a 5-reel motion picture, version of a Mark Melford farce) in February 1916 in Jacksonville and Palm Beach, Florida. Additional filming in Glendale followed in March 1916. The film starred Nat Goodwin with Flora Finch, William "Billy" Quirk, Augustus Phillips , and Estelle Mardo. Walter McNamara directed, with
3157-461: The commercial consequences of the breach. A party in breach of contract may have the right to remedy their breach, for example if the breach itself is remediable and a provision for remedy or a time period for exercising such as right is included within the contract. In the case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC (2016), a clause within the contract between the disputing parties stated that "failure ... to observe any of
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3234-415: The company had run out of operating capital and was unable to pay the agreed-upon salary. Witnesses included Clifford Harmon, W.C. Toomey, directors Lawrence Marston and Walter McNamara, Goodwin's wife Margaret, as well as members of the film crew and personal assistants for Goodwin. In May 1918, Nat Goodwin was awarded $ 15,374. Further appeals by Mirror delayed payment of the award; Goodwin was forced to sue
3311-496: The company was Carl von Hoffman as cinematographer for various Mirror films. In January/February 1916 Mirror announced that several films were in production; no titles were initially associated with the films. This was followed in the spring of 1916 by more publicity press releases mentioning the activities of various actors in relation to Mirror. The company purchased a casino/dance hall in Glendale, Queens , New York for conversion to
3388-426: The company was announced in October 1915. This was followed by an extensive print advertising campaign to raise capital through sales of stock in the company. Approximately $ 500,000 of preferred stock and $ 2,000,000 of regular stock shares were issued at a price of $ 5 per share. The company was reported to have raised at least $ 300,000 and likely in excess of $ 500,000, though it did not raise the full $ 2,500,000 amount of
3465-426: The context of the contract that they are used. For that reason, the meaning of the different terms varies from case to case. Possible interpretations of their meaning include "repudiatory breach", and "serious breach, but not as serious as a repudiatory breach". A trivial breach is one that does not meet the standard for designation as a material, serious or substantial breach. An Arizona Supreme Court decision in
3542-670: The continuation of the Harmon Trophy. He was interred the Rhone American Cemetery and Memorial , Draguignan , Departement du Var, Provence-Alpes-Côte d'Azur , France. Per stipulations in the agreements related to developing Harmon-on-Hudson, the Metro-North Railroad station Croton-Harmon and the Croton-Harmon School District are named after Harmon. Breach of contract Breach of contract
3619-411: The contract without the assurance of strict or substantial performance of the promise, and that ought to have been apparent to the promisor. This is an objective test of the parties' intention at the time of formation of the contract. If the contractor in the above example had been instructed to use copper pipes but instead used iron pipes that would not last as long as the copper pipes would have lasted,
3696-452: The contract. The innocent party cannot sue the party in default for specific performance : only damages . Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case. Suppose a homeowner hires a contractor to install new plumbing and insists that
3773-419: The courts, but cases where the award of such damages has been considered and agreed include Jarvis v Swans Tours Ltd (1972) and Farley v Skinner (2001). A right to terminate a contract arises for: An innocent party is therefore entitled to elect to terminate a contract only for breach of a condition of the contract, repudiatory breach or renunciatory breach. To terminate a contract for repudiatory breach,
3850-593: The day, instead landing nearby. On landing he hit a patch of rough grass which broke the chassis of the airplane. For the flight, Harmon was awarded the Doubleday-Page Trophy . In September 1910 Harmon won the Harvard Cup at the Boston Aviation Meet; he competed in a bomb-throwing target contest and other events as an amateur aviator. He also was involved in another wreck of his Farman biplane but again
3927-407: The defaulting party is told that a repudiatory breach has been "accepted" that the contract is terminated. If the defaulting party is not told the repudiatory breach has been accepted, the contract continues in force. An innocent party is not compelled to exercise its right to terminate, and accept a repudiatory breach. Otherwise, the contract continues in force. Conduct is repudiatory if it deprives
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#17330848199464004-457: The departure of Captain Harry Lambart. This was followed by mentions in various newspapers that Mirror was experiencing difficulties and that it had effectively run out of cash to operate. Multiple breach of contract lawsuits were soon filed against the company for failure to make good on promised salaries. By February 1917, W.C. Toomey had left the company, taking a position with Mutual Films, for whom he had worked previously. Nat Goodwin filed
4081-704: The development sold out in 4 days. Further developments were soon built in Ohio and western Pennsylvania, followed by expansion into various cities in the Midwest and the East Coast of the United States. Harmon relocated to Pittsburgh around 1891, then to Philadelphia in 1895. Wood, Harmon & Co. soon had offices in over 26 cities. In 1900 Wood, Harmon & Co, purchased large tracts of land in Brooklyn, New York , in anticipation that
4158-502: The firm presumably closed. Harmon was known for his love of automobile racing, yachting, horses, and other pursuits. In 1908 he learned to fly in approximately one week, and was awarded the sixth pilot's license issued in the United States. He was involved with both ballooning and airplanes; in 1908 he set a record for time aloft in the Indianapolis balloon race. In 1909 Harmon participated in several balloon races; he again participated in
4235-581: The flight was Maurice Farman , designer of the biplane Harmon used in the crossing. In 1931 the Clifford B. Harmon Cup was created, to be awarded to amateur golfers. Clifford Harmon continued to personally award the Harmon Trophy until 1938. In 1912 Harmon was part of a syndicate that purchased Oklahoma oil leases from Charles Page for $ 1.25 million dollars. Also announced was a 2000 barrel-a-day refinery to be located at Sand Springs, Oklahoma . In 1915 Harmon became president of Mirror Films Incorporated ,
4312-401: The future performance of the contract and are technically known as renunciatory breaches. The defaulting party renunciates the contract in advance of when it is required to performs its obligations. Renunciatory breach is more commonly known as "anticipatory breach." The general law has three categories of breaches of contract, which measure of the seriousness of the breach. In the absence of
4389-481: The homeowner can recover the cost of actually correcting the breach by taking out the iron pipes and replacing them with copper pipes. There are exceptions. Legal scholars and courts have been known to find that the owner of a house whose pipes are not the specified grade or quality (a typical hypothetical example) cannot recover the cost of replacing the pipes for the following reasons: Most homeowners would be unable to collect damages that compensate them for replacing
4466-433: The innocent party in the position that would have been occupied "but for" the breach. Those damages are most often awarded as payments. Punitive damages are given to "punish or make an example of a wrongdoer who has acted willfully, maliciously or fraudulently". Punitive damages are awarded only in extreme cases and usually along with compensatory damages. Damages for distress or disappointment are not generally allowed by
4543-406: The innocent party must tell the defaulting party. Many commercial contracts include clauses that set out a process whereby notice must be given and in what form. Consequently, if there is a written contract, care should be taken to check the contract terms and to ensure compliance notwithstanding that the other party may, on the face of it, have committed a clear and repudiatory breach. It is only when
4620-399: The innocent party of substantially the whole of the benefit intended to be received as consideration for performance of its future obligations under the contract. Different forms of words are used by courts to express this central concept. The most prominent is whether the breach goes to the root of the contract . Those forms of words are simply different ways of expressing the "substantially
4697-433: The innocent party the option to terminate the contract immediately and sue for damages or to wait for the time of performance. If the party required to perform does not do so when it is required by the contract, the innocent party can terminate then. For example, A contracts with B on January 1 to sell 500 quintals of wheat and to deliver it on May 1. Subsequently, on April 15, A writes to B and says that he will not deliver
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#17330848199464774-418: The issue of renunciation. Often, the question whether conduct is a renunciation falls to be judged by reference to the defaulting party's intention, which is objectively evinced by past breaches and other words and conduct. A breach of a warranty of a contract creates a right to damages for the loss suffered, which was caused by the breach. These "minor" breaches do not entitle the innocent party to terminate
4851-449: The obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. There exists two elementary forms of breach of contract. The first
4928-653: The partners resulted in the dissolution of Wood, Harmon, & Co., with Clifford Harmon forming his own development company. Harmon had already taken the lead in developing several properties in the New York metropolitan area, notably Pelhamwood starting around 1909 and continuing to develop Harmon-on-Hudson (now part of Croton-on-Hudson ), initially developed in 1903 as an artists colony. He also continued with real-estate development in other cities such as Philadelphia and Louisville, Kentucky . The Clifford B. Harmon & Co. continued to advertise until around 1930, after which
5005-460: The pipes but would be awarded damages that compensate them for the loss of value in the house. For example, if the house is worth $ 125,000 with copper and $ 120,000 with iron pipes, the homeowner would be able to collect the $ 5,000 difference and nothing more. In the United States, the Restatement (Second) of Contracts lists the following criteria to determine whether a specific failure constitutes
5082-404: The pipes, which will ultimately be hidden behind the walls, must be red. The contractor instead uses blue pipes that function just as well. Although the contractor breached the literal terms of the contract , the homeowner cannot ask a court to order the contractor to replace the blue pipes with red pipes. The homeowner can only recover the amount of his or her actual damages. In this instance, this
5159-786: The seizure had on production. The jury trial was an acrimonius one, and was extensively covered in the newspapers. In the trial, lawyers for Mirror Films extensively questioned the character of Nat Goodwin; accusations of drunkenness, sloth, contentious and diva-like behavior on/off the set (at the filming locations in Florida and New York as well as the Seminole Hotel in Jacksonville), and outright refusal to work were offered in an effort to prove that Goodwin had been fired with just cause. Goodwin and his lawyers countered with their own witnesses and evidence that Harmon had admitted on various occasions that
5236-563: The stock issue despite some reports. Concurrent with the stock offering, Mirror also issued a number of publicity press releases to gossip and movie columns throughout the country, announcing the company had retained services of various directors, writers, and actors and was building several production facilities. Actors mentioned included Nat Goodwin , William "Billy" Quirk , Margaret Greene, Flora Finch , Ione Bright , and Estelle Mardo; directors/writers included Lawrence Marston , Walter McNamara, Opie Read , and Beta Breuil . Also attached to
5313-440: The studio ceased operations. During this period, Mirror also participated in the 1916 Screen Club Ball at Madison Square Garden ; attendees included Clifford Harmon, other Mirror executives, Nat Goodwin, Billy Quirk, Ione Bright, and Margaret Greene. The Glendale studio also fielded an amateur softball team which competed in local community leagues during 1916. The company began to evidence troubles as early as February 1916, with
5390-399: The terms herein and to remedy the same where it is capable of being remedied within the period specified in the notice given by the aggrieved party to the party in default, calling for remedy, being a period not less than twenty (20) days" would constitute grounds for termination of the contract. The period allowed for such a remedy may be referred to as a "cure period". A right to make use of
5467-410: The whole benefit" test. Sometimes the innocent party may be deprived of its entitlement to damages for repudiatory breach of contract: Conduct is renunciatory if it shows an intention to commit a repudiatory breach. The conduct would lead a reasonable person to conclude that the party does not intend to perform its future obligations when they fall due. Showing an intention to perform a contract in
5544-495: Was agreed in the first instance when the contract was formed. To do otherwise is therefore a breach of contract. In the event of a renunciatory breach, the innocent party may: If the defaulting party does not perform when the time for performance arrives, the contract may be terminated. However, if the defaulting party performs, the right to terminate is lost forever. Conduct comprising a breach for performance of contractual obligations that have fallen due may be insufficient to be
5621-581: Was filmed in April 1916. Lawrence Marston once again directed, and the film starred Nat Goodwin and Zola Telmzart. The film was released by Mutual Film Corporation . The Lions Mail began filming in May 1916. Nat Goodwin and Henry Carville starred; the film was directed by Frank S. Beresford. Some filming occurred on location in Quebec. The film may not have been completed, as Mirror reportedly ran out of money during filming and
5698-517: Was forced from race when his balloon was caught in a severe thunderstorm. In December 1911 he announced retirement from balloon racing and airplanes at the behest of his wife, father-in-law, and various business associates. Harmon returned to flight in November 1913 while spending time in England, participating in a flight from London to Paris with Claude Grahame-White. In April 1915 he, along with several other aviators and wealthy friends, participated in
5775-615: Was later engaged to be married to Blanche Freeman, but broke the engagement in April 1904 to marry Louise Adele Benedict, daughter of Commodore Elias Cornelius (E.C.) Benedict . Freeman sued Harmon for breach of promise in 1909 (after initially suing for $ 100,000 and withdrawing the suit at Harmon's request), receiving an award of $ 15,000 in 1910. The award was set aside on appeal and the case retried later. Harmon left Louise Benedict in 1916 after an argument with E.C. Benedict over support for his daughter. In 1917 Harmon traveled to China, India, and Japan. On April 22, 1918, Harmon enlisted in
5852-459: Was not seriously injured. By August 1910 Harmon had added two French Bleriot monoplanes to his collection. On August 20, 1910, Harmon became the first man to fly across the Long Island Sound, flying from Garden City, Long Island , New York to Greenwich, Connecticut . Harmon attempted to land on the property of his father-in-law E.C. Benedict but could not locate it in the fading light of
5929-600: Was not seriously injured. In October 1910 Harmon participated in an aviation demonstration with Claude Grahame-White in Washington DC; later in October Harmon also set an unofficial altitude record of 24,200 ft in a balloon. In May 1911 Harmon went to Europe to arrange for American aviators to participate in an International Aviation Meet at Belmont Park ; in July he participated in a balloon race from Kansas City, Missouri , to qualify for Gordon Bennett Cup race but
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