Kelly v. Caldwell
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST DISTRICT. The plaintiff, who, in theatrical language, was a star, entered into a contract with the defendant to play a certain number of nights in the theatre of the latter. During her engagement, she was cast for a character which she considered out of her established line, and which she refused to play. The defendant, thereupon, dissolved the contract; and the present suit was brought for damages.
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APPEAL PROM THE COURT OF THE FIRST DISTRICT. The plaintiff, who, in theatrical language, was a star, entered into a contract with the defendant to play a certain number of nights in the theatre of the latter. During her engagement, she was cast for a character which she considered out of her established line, and which she refused to play. The defendant, thereupon, dissolved the contract; and the present suit was brought for damages. The defendant, in his answer, charged, that the plaintiff had broken the contract by her refusal to play the character assigned, and for which, damages were…
1Opinion of the CourtPorter, J.
The petition charges, that the plaintiff entered into a Contract with the defendant, by which she agreed to act in his theatre in New-Orleans, twenty-four nights, commencing on or about the 15th January, and for which he was to pay her one thousand five hundred dollars; that the plaintiff was ready and willing to perform her part of the contract, and offered to do so; but that the defendant refused her services, and informed her he considered their agreement as no longer binding on him.
The defendant denied the allegations in the petition, and prayed for a trial by jury. He further set up a…
2Cited by4 opinions
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