Gschwander v. Cort
Oregon Supreme Court
The plaintiff declares upon a contract as follows. “CONTRACT. “This agreement, made and entered into this twenty-sixth day of November, A. D. 1889, by and between John Cort, proprietor Standard theatre, Seattle, Washington, party of the first part, and Gschwander Trio, parties of the second part — witnesseth: That the party of the first part engages the parties of the second part for twelve weeks, commencing on December 9, 1889, and continuing to March 2, 1890, to enact…
Read the full summary
The plaintiff declares upon a contract as follows. “CONTRACT. “This agreement, made and entered into this twenty-sixth day of November, A. D. 1889, by and between John Cort, proprietor Standard theatre, Seattle, Washington, party of the first part, and Gschwander Trio, parties of the second part — witnesseth: That the party of the first part engages the parties of the second part for twelve weeks, commencing on December 9, 1889, and continuing to March 2, 1890, to enact their singing (Tyrolean warbling) and zither specialties at John Cort’s circuit of theatres, at a weekly salary of ninety…
1Opinion of the Court
Strahan, C. J.,
delivered tbe opinion of tbe court.
Tbe meaning of two clauses of the contract have been presented, one by defendant and tbe other by plaintiff. Tbe defendant relies upon this clause of tbe contract: “In case tbat tbe performance of tbe undersigned should prove incompetent or unsatisfactory to the party of the first part, said party of tbe first part shall have tbe right to terminate this contract at any time, and shall not be held liable for any damages for such termination or for any wages after such termination. ” Tbe defendant claims that be bad a right under this part of…
2Cases cited10 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Plano Manufacturing Co. v. EllisMichigan Supreme Court · 1888
- Houghton & Palmer v. BeckOregon Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller v. HirschbergOregon Supreme Court · 1895
- Chan Sing v. PortlandOregon Supreme Court · 1900
- Madden v. WelchOregon Supreme Court · 1906