Legal Opinion

Rafalo v. Edelstein

Appellate Terms of the Supreme Court of New York

Decided March 15, 1913Published

Appeal by defendants from a judgment of the City Court of the city of New York, entered upon the verdict of a jury rendered in favor of the plaintiffs.

1Opinion of the CourtSeabury, J.

This is an action to recover damages for the alleged breach of a written contract of employment. The plaintiffs are husband and wife, and were-employed by the defendants to act, play and sing at the defendants’ theatre. The facts as found by the jury are as follows: The defendants instructed the plaintiff Raíalo to play the part of the wife in the play called “ Ikely Mazek.” The plaintiff Raíalo refused to comply with this request on the ground that it would require her to play a “ mother’s ” part, and that she was “ artistically unfit ” to perform a part of this character, as she was…

2Cases cited4 opinions

  1. Gray v. . ShepardNew York Court of Appeals · 1895
  2. Rosbach v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Dunkell v. SimonsNew York Court of Common Pleas · 1889
  4. Huntington v. ClaflinThe Superior Court of New York City · 1863

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