Claiming yet another Kim Basinger-like “oral” agreement, Trimark Pictures has filed a $ 1 million lawsuit against Motion Picture Corp. of America, Civilizations Prods. and Turner Pictures for reneging on a verbal pact that would have allowed Trimark to distribute “The Desperate Trail.”
In a suit filed in L.A. Superior Court Nov. 23, Trimark claimed it made a handshake deal to pay Civilizations and MPCA 30% of the net receipts from distribbing the $ 2 million pic, which was likely headed for homevid and cable.
The indie also agreed to a minimum guarantee, if necessary, to be paid in the amount of the actual, out-of-pocket, verifiable negative cost of production, the suit said.
Trimark claimed it “devoted considerable time, effort and money” to the pic’s pre-production, including choosing the cast and execs. The pic, starring Sam Elliott and Craig Sheffer, was to have been delivered to Trimark by March 31, 1994, per the suit.
Trimark attorney Roy Rifkin said no official contract was drawn up, but there was a “considerable amount of correspondence” between the two parties in October and November outlining the deal.
The suit also charges Turner Pix with interfering with the contract, claiming the mini-studio attempted to induce Civilizations to quash the deal with Trimark.