Legal Opinion

Saxe v. Shubert Theatrical Co.

New York Supreme Court

Decided February 15, 1908PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment of the City Court of the city of New York, dismissing the complaint and also from an order denying plaintiff’s motion for a new trial.

1Opinion of the CourtGerard, J.

The defendant employed the plaintiff as an

actor, under a written contract which contained the following clause in paragraph second: “And it is further contracted and agreed by and between the parties to this instrument that, in case the services so rendered by the party of the second part shall not in the estimation of the party of the first part be satisfactorily rendered, the party of the first part may cancel this contract and release himself from the terms thereof. This to refer to rehearsals as well as any performance.” The employment was for the theatrical season of 1906-7. On November…

2Cases cited3 opinions

  1. Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
  2. Fuller v. DowningAppellate Division of the Supreme Court of the State of New York · 1907
  3. Parker v. Hyde & Behman Amusement Co.New York Supreme Court · 1907

3Cited by1 opinion

  1. Lyon v. Starr Piano Co.City of New York Municipal Court · 1919

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