Dwyer v. Cashen

Plaintiff in error brought suit upon an agreement whereby he agreed that defendant should be entitled to the privileges of a gymnasium operated and maintained by him, and to physical instruction and training therein for one year, in consideration of which defendant agreed to pay him $100 in advance on signing the agreement, which both signed.

Plaintiff proved that he conducted such a place for such purpose during the period contracted for and at the time of the trial, and that defendant never paid him anything. It also appeared that defendant did not go to the place or take any training there.…