Buckley v. COLORADO MINING CO., INC.

McMurray, Presiding Judge.

Plaintiff is a musician. Under the terms of a contract with defendant, he provided entertainment at defendant’s restaurant and bar.

Plaintiff performed four nights per week between the hours of 10:00 p.m. and 4:00 a.m. and furnished his own musical equipment which included an organ weighing over 600 pounds. Between performances most of plaintiffs equipment was left at defendant’s premises. Plaintiff had taken precautions to see that his equipment “was not fooled with” when he was absent, including putting a lock on the organ.

Plaintiff had no key to defendant’s…