Kallus v. Fleischer Studios, Inc.

Action for damages under an alleged breach of a contract for personal services, advanced on the theory of special contract and quantum, meruit. Order on reargument, dated September 1, 1938, modified so as to provide that plaintiff also be directed to furnish the particulars covered by the items marked 6(a), 6(b), 6(c), 6(d), 6(e) and 6(f) in defendant’s demand. As so modified, the order is affirmed, with ten dollars costs and disbursements to appellant, unless within ten days from the entry of the order hereon plaintiff stipulate that he will not adduce evidence on the quantum meruit theory;…