Weinglass v. Gibson

Opinion by

Mr. Justice Schafpeb,

This is an action to recover damages for breach of a written contract between plaintiff and defendant, dated November 22, 1927, under which the former was to produce at the latter’s theatre a performance called “Settin’ the Pace” during the week beginning December 26,1927, and ending with the midnight performance January 1, 1928, with twenty-six persons in the cast. The agreement provided for the equal division between the parties of the gross receipts, less war tax.

The testimony discloses that after the contract was entered into defendant requested plaintiff to…