Outstanding Artists, Inc. v. Kenny

Action on contract. The appeal is from a judgment in favor of plaintiff, entered on a jury verdict. Judgment unanimously affirmed, with costs. The trial judge submitted the case to the jury on alternative issues, (a) whether appellant was the undisclosed principal in a contract made with plaintiff for a theatrical performance, or (b) whether appellant adopted and took over the contract after it was made. The verdict for plaintiff is overwhelmingly supported by the evidence on both theories, and a verdict for appellant could not have been permitted to stand. While the charge of the court may…