"I have been engaged in the work for nearly two years and have employed models which have cost me hundreds of dollars since she would not pose for me and as a matter of fact the price should be $5,000, instead of $3,500, considering all the work I have done."
Pogany claimed that Miss Bennett had originally asked for one of his quicker portraits, the going rate for such a likeness was $500. When Constance didn't care for it, he agreed to create a more detailed, artistic and complex portrait but let her know that the price could not remain at the agreed upon $500.00. Unfortunately for Pogany, there was no documentation to back this up.
On Friday, June 3, 1938, once the jury was excused for the weekend, the defense filed a motion asking for Judge Jess E. Stephens to render a directed verdict as the prosecution had failed to prove their case.
The judge agreed and ruled in favor of the defense...much to the disappointment of the jury.
Judge Stephens determined that Pogany could not prove Miss Bennett had agreed to pay more than $500 for the portrait nor did Pogany deliver a portrait that met the expectations of his client, as he had promised he would. Superior Court Judge Stephens suggested the case would have been better suited for Municipal Court.
Jurors made a point of letting Pogany know that had they been given the opportunity, they would have ruled in his favor and awarded an even bigger amount. Juror W. B. George, Jr. said it was "a beautiful painting. We would have returned a judgement for $5,000, if he had sued for that much."
Pogany issued a statement saying "Miss Bennett cast cheap sneers at my work" and "when her mud-throwing mis-fired, she fell back on the defense that she was not supposed to know the value of my work, since she knew nothing about art.
"As to her ignorance about art, I must admit she presented the most convincing proof."
Constance smiled in triumph as the judge's verdict was read and, according to Joan Bennett's 1970 autobiography "The Bennettt Playbill, "for the benefit of reporters, Constance showed her views of the matter by kicking a hole in the canvas."
This can not possibly be true but it makes for a good story.
Besides, Constance Bennett was too busy to gloat. She had to get ready for her upcoming $250,000 "defamation of character" and "libel lawsuit" against radio host Jimmie Fidler and his sponsors.
Following Judge Stephens's ruling, Pogany indicated he was considering an appeal of the verdict. As such, the portrait remained in the custody of the court.
On June 21, 1938, the court ordered the portrait to be sold for $108.00 to cover the court costs of the trial.
In 1939, when Willy Pogany was doing interviews to promote his latest endeavor, a full color cartoon for Walter Lantz Productions, written by his wife Elaine and animated by him, called "Scrambled Eggs," Pogany revealed that the much-debated portrait of Constance Bennett was now in his possession and on display in his living room.
"I have had several offers for it, but I have refused them all. I think it is a beautiful picture; I just try to forget that it is a portrait of that woman."