Polk v. Daly

By the Court.*—Robinson, J.

This action was on a contract for the plaintiff’s services as an actor in defendant’s theatre, from September 15, 1870, to June 1, 1871, at a salary of sixty-five dollars a week and a benefit to consist of either one-third the gross receipts or the net proceeds of the benefit night’s receipts. It was brought in September, 1871, and plaintiff, in his complaint, alleges he was wrongfully discharged on April 4, and that he was unable thereafter to procure other employment. He does not, however, allege per*157formance or tender of, or readiness to perform any service during…