Fitelson v. Acuff

Aponick, P. J.,

The complaint in this action of assumpsit alleges that plaintiff and defendant entered into a contract on August 23, 1951, *487by which plaintiff engaged defendant to perform as an entertainer at plaintiff’s park, known as “Playland Park,” on September 4, .1951. It is then alleged that defendant failed to comply with the terms of the contract and suit is brought to recover, damages for such breach.

The complaint was verified July 24, 1956, and filed July, 26, 1956. It was served on defendant on July 26, 1956, at 10:40 p.m., at which time defendant had just completed a performance…