Glenny v. Lacy
City of New York Municipal Court
The plaintiff is an actor and dramatic author, and the defendant an actor now performing the chief character in “Still Alarm.”
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The plaintiff is an actor and dramatic author, and the defendant an actor now performing the chief character in “Still Alarm.” The plaintiff dramatized a play entitled, “For Life,” intending it for Osmond Tearle, and on the 19th of April, 1887, contracted to sell it to the defendant for $400; one-half of which was paid down, and the balance was to be paid on or before September 1, 1887. The action is for this balance of $200. The following clauses of the contract are material to the disposition of this case: “(1) It is understood between the parties that in the event of the said Harry Lacy…
1Opinion of the CourtMcAdam, C. J.
Giving proper effect to each part of the contract, and the evident intent of the parties, the provision in regard to forfeiture was inserted as an additional security to the plaintiff that the balance due, of $200, would be forthcoming at the appointed time. If not forthcoming, the plaintiff had the right to treat the defendant’s control over theplay as at an end, and might have repossessed himself of it under the contract, or he might waive that provision intended for his benefit, and maintain an action to recover the balance due. He has elected the latter course, and had the legal right to…
2Cases cited15 opinions
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3Cited by7 opinions
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