Makletzova v. Diaghileff
Massachusetts Supreme Judicial Court
Contract, for the alleged breach of a contract in writing in the Russian language, a translation of which was attached to the record and is printed below, dated and executed in Russia on September 18, 1915. Writ dated February 4, 1916. In the Superior Court the case was tried before Chase, J. The translation of the contract was as follows: “Petrograd. One thousand nine hundred and fifteen. September eighteenth.
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Contract, for the alleged breach of a contract in writing in the Russian language, a translation of which was attached to the record and is printed below, dated and executed in Russia on September 18, 1915. Writ dated February 4, 1916. In the Superior Court the case was tried before Chase, J. The translation of the contract was as follows: “Petrograd. One thousand nine hundred and fifteen. September eighteenth. We, the undersigned, the nobleman, Sergei Pavlovitch Diaghileff, of the first part, and the artist of the Imperial Moskow Theatres, Xenia Petrovna Makletzova, of the second part, have…
1Opinion of the CourtPierce, J.
At the close of the evidence the defendant asked the judge to instruct the jury as follows:
2. “Upon all the evidence there was a material breach of the contract by the plaintiff on or about February 1, 1916, and the defendant was thereby relieved from further obligation to perform the contract.”
3. “Upon all the evidence there was a material breach of the contract justifying the refusal of the defendant to continue, after February 2, 1916, to allow the plaintiff to dance at performances arranged by him.”
5. “Upon all the evidence the plaintiff repudiated the contract on or about February 1,…
2Cases cited1 opinion
- Guerin v. StacyMassachusetts Supreme Judicial Court · 1900
3Cited by11 opinions
- Begelfer v. NajarianMassachusetts Supreme Judicial Court · 1980
- A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956
- Daley v. J. F. White Contracting Co.Massachusetts Supreme Judicial Court · 1964
- Eno v. Prime Manufacturing Co.Massachusetts Supreme Judicial Court · 1943
- Factory Realty Corp. v. Corbin-Holmes Shoe Co.Massachusetts Supreme Judicial Court · 1942
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