Winter Garden Co. v. Smith

MAYER, Circuit Judge.

Smith and Dale for many years have played in vaudeville in a quartette under the name of “Avon Comedy Four.” Two of the four were always Smith and Dale, who gave the performance an individualistic character. The other two were any available actors competent to act as foils or “players up” to Smith and Dale in carrying out the various things the latter did in the course of the performance.

*167On April 30, 1921, plaintiff and defendants entered into a contract under which plaintiff engaged the exclusive services of defendants for the theatrical season beginning September 1,…