Legal Opinion
Saxe v. Shubert Theatrical Co.
Appellate Terms of the Supreme Court of New York
Decided February 7, 1908Published
Appeal from City Court of New York, Trial Term. Action by Templar Saxe against the Shubert Theatrical Company. From a judgment for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtGerard, J.
The defendant employed the plaintiff as an actor under a written contract which contained the following clause in paragraph 2:
“And it is further contracted and agreed by and between the parties to this instrument that in case the services so rendered by the party of the second •part shall not in the estimation of the party of the first part be satisfactorily rendered, the party of the first part may cancel this contract and release himrself from the terms thereof. This to refer to rehearsals, as well as any performance.”
The employment was for the theatrical season of 1906-07. On November 10,…
Also in this document: Concurrence.
2Cases cited3 opinions
- Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
- Fuller v. DowningAppellate Division of the Supreme Court of the State of New York · 1907
- Parker v. Hyde & Behman Amusement Co.New York Supreme Court · 1907