Fitzgerald v. Arcade Theater Co.
New York Supreme Court
Action by William D. Fitzgerald against the Arcade Theater Company. Judgment ordered.
1Opinion of the CourtWheeler, J.
This action is brought to recover damages for the breach of a contract between the parties to the action. One of the defenses interposed is an equitable one, by which the defendant seeks to reform the contract sued on. The contract in question provided for the playing of a musical comedy company at the defendant’s theater in Niagara Falls during the summer season of 1912. By the contract the defendant agreed to pay the plaintiff for the services of this company at the rate of $1,250 per week.
The defendant alleged in its answer that this contract did not express the real agreement of the…
2Cases cited6 opinions
- Howland v. BlakeSupreme Court of the United States · 1878
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Weed v. WhiteheadAppellate Division of the Supreme Court of the State of New York · 1896
- Lake View Brewing Co. v. Commerce InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by2 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Vance Metal Fabricators, Inc. v. Widell & SonAppellate Division of the Supreme Court of the State of New York · 1975