Legal Opinion

Fay v. Deady

Superior Court of Pennsylvania

Decided October 5, 1923No. Appeal, 130PublishedCited by 4 opinions

Appeal, No. 130, Oct. T., 1923, by defendant, from judgment of Municipal Court of Philadelphia, May T., 1922, No. 84, on verdict for plaintiff in the case of John Fay v. Robert E. Deady. Assumpsit for breach of contract. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,591.40, and judgment thereon. Defendant appealed.

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Appeal, No. 130, Oct. T., 1923, by defendant, from judgment of Municipal Court of Philadelphia, May T., 1922, No. 84, on verdict for plaintiff in the case of John Fay v. Robert E. Deady. Assumpsit for breach of contract. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,591.40, and judgment thereon. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment non obstante veredicto.

1Opinion of the Court

Opinion by

Gawthrop, J.,

This was a suit in assumpsit for damages alleged by plaintiff to have resulted from the failure of defendant to permit him to perform services from September 4, 1921, to April 1, 1922, under the following contract: I, Robert E. Deady, Party of the first part, agree to pay John Fay, Party of the second part, the sum of Sixty Dollars per week for the Theatrical Seasons of Nineteen Hundred and Twenty, Twenty-one and Nineteen Hundred and Twenty-one, Twenty-two. In consideration of his services as Business Manager and Press Agent, after such duties are faithfully performed.…

2Cases cited4 opinions

  1. Adams Express Co. v. SchlessingerSupreme Court of Pennsylvania · 1874
  2. Pittsburgh & Steubenville Railroad v. GazzamSupreme Court of Pennsylvania · 1858
  3. Daley v. IselinSupreme Court of Pennsylvania · 1907
  4. Grasselli Chemical Co. v. Biddle Purchasing Co.Superior Court of Pennsylvania · 1903

3Cited by4 opinions

  1. Turnway Corporation v. SofferSupreme Court of Pennsylvania · 1975
  2. Juarbe v. City of PhiladelphiaSuperior Court of Pennsylvania · 1981
  3. Field v. Omaha Standard, Inc.District Court, E.D. Pennsylvania · 1983
  4. Hartley v. United Mine Workers, Pennsylvania Court of Common Pleas, Greene County1954

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