Ellsler v. Brooks
The Superior Court of New York City
Appeal from judgment entered on the report of a referee, dismissing the complaint on merits. The action was brought by the plaintiff to recover damages claimed to have been sustained by her by reason of an alleged breach by the defendants of a contract, by the terms of which they agreed to employ the plaintiff as an actress for the period of three years from September, 1883. Under the agreement the plaintiff was to receive in place of a fixed salary, one half of the general…
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Appeal from judgment entered on the report of a referee, dismissing the complaint on merits. The action was brought by the plaintiff to recover damages claimed to have been sustained by her by reason of an alleged breach by the defendants of a contract, by the terms of which they agreed to employ the plaintiff as an actress for the period of three years from September, 1883. Under the agreement the plaintiff was to receive in place of a fixed salary, one half of the general profits of the business, in addition to her hotel and travelling expenses, and the salary and hotel and travelling…
1Opinion of the Court
By the Court.—Truax, J.
There can be no question as to the right of the plaintiff to recover some damages for the breach of the agreement. Loss in a legal sense may be sustained though performance would have been a positive injury to plaintiff (Chamberlain v. Parker, 45 N. Y. 569).
The only difficulty in the case is as to the amount of the damages. Under the agreement entered into between the plaintiff and the defendants, the plaintiff was to receive in lieu of a stated salary, a sum equal to one half the profits of the undertaking, after deducting all the expenses.
The measure of damages for…
2Cases cited5 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
- Chamberlain v. . ParkerNew York Court of Appeals · 1871
- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Gifford v. . WatersNew York Court of Appeals · 1876