GEORGE MELIES CO. V. MOTION PICTURE PATENTS CO. 345 june 19th. It was also agreed that Lodge and Carter should furnish at least "$25,000 as cash capital to operate and carry on the business of the said company." On August lst, the Melies Company was in- corporated and on August l4th, formal application in writing was made, on behalf of Gaston Melies and his brother, to the Edison Com- pany, asking its consent to the transfer of the two licenses held by the Melies Bros. to the said corporation. Mr. Gaston Melies was subse- quently advised by Frank L. Dyer, general counsel and vice president of the Edison Company, that a majority of the licensees had consented to substitute the George Melies Company as licensee in the licenses, instead of the Melies Bros., and that a new license agreement would be issued as soon as informed of the incorporation of the George Melies Company. On September 18, 1908, an instrument in writing, signed by the Edi- son Company, Gaston Melies and George Melies, and the Melies Com- pany, was executed, formally transferring or re—issuiug to the Melies Company the licenses theretofore granted to Gaston Melies and George Melies. Simultaneously with such transfer, an instrument in the form of a letter, addressed to Lodge, vice president of the George Melies Company, embodying certain additional restrictions upon the Melies Company, was drawn up in the office of the Edison Company, by the direction of Mr. Dyer, as vice president, and was accepted in writing by Mr. Lodge, as vice president of the Melies Company. This agreement, made coincidentally with the instruments of transfer of the licenses, is as follows: ’ Legal Department. Thomas A. Edison. Telephone 907 Orange. Cable Address. "Edlegal, Orange." National Phonograph Co. Frank L. Dyer, General Counsel. Edison Business Phonograph C0. Edison Manufacturing Co. Bates Manufacturing Co. Edison Storage Battery Co. Edison Portland Cement Co. J. J. Lodge, Esq., Chicago, Illinois. Omng€* N" Ju Calm 1S· 1908* Dear Sir: The Edison Manufacturing Company agrees to and does trans- fer to the George Melies Company, a corporation of Illinois, the license dated January IH, 1908, granted to George Melies of Paris, France, and Gaston Melies of New York City, under reissued letters patent No. 12,037 and No. 12,192, only under the condition (accepted by the directors of the George Melies Company) that the said license as to the George Melies Company, shall terminate, if, at any time during its life, tl1e control of said company shall pass from Lincoln J. Carter, of Chicago, and yourself or either of you, or such successors as may be accepted in writing by said Gaston Melies or George Melies, or (in the event of the death or incapacity of both of them) Paul Melies, or if Gaston Melies, for any reason, should cease to be the pres- ident and a director of the George Melies Company, and not be succeeded in such oiliees by his son, Paul Melies, as provided in paragraphs 1 and 5 of a certain agreement entered into by and between George and Gaston Melies, J. J. Lodge and L. J. Carter, on the 3d day of August, 1908. Yours very truly, Frank L. Dyer, GDS/MJL_ Vice President Edison Manufacturing Company. The above named license is accepted by the George Melies Company under the conditions expressed above. J. J. Lodge, Vice President George Melies Company