Moss v. Tompkins
New York Supreme Court
Appeal from circuit court, New York county. Action by Theodore Moss against Eugene Tompkins. From a judgment entered on a verdict allowing plaintiff six cents damages, and awarding costs to defendant, plaintiff appeals.
1Opinion of the CourtBarrett, J.
The action was for breach of contract. The plaintiff is the lessee of the Star Theater in this city. The defendant is a Boston theatrical manager. The parties entered into what is known as a “sharing terms agreement,” whereby the plaintiff was to furnish his theater, orchestra, attendants, and equipment for a given period, and the defendant was to furnish a new play called “The Soudan,” together with a dramatic company. The-*624gross receipts were to be divided between the parties, each week, in certain specified proportions. Some months before the date when the first performance was to be given,…
2Cases cited1 opinion
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
3Cited by5 opinions
- Broadway Photoplay Co. v. . World Film Corp.New York Court of Appeals · 1919
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1985
- Todd v. KeeneMassachusetts Supreme Judicial Court · 1896
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Wooldridge v. SheaAppellate Division of the Supreme Court of the State of New York · 1919