12 Misc. 83 | New York Court of Common Pleas | 1895
The plaintiff claims damages for breach of contract of employment by the defendant, a theatrical manager, under which she was to perform at the Star Theatre in a play called “Brother Jonathan,” the performances of which were to commence in the latter part of February, 1893, and to run until about June 1st, at a salary of $60 per week. The defense is that she was not employed for any particular period, but only for the run of the play, which lasted but six weeks, and that her employment was conditional upon her rehearsal of the part to the satisfaction of the author of the play and of the defendant. She was notified in February, during the rehearsals, that her services were not needed; and she remained out of employment thereafter for the whole term, except one week, in which she earned $50. The case was submitted to the jury, who found for the plaintiff in $910, being the whole amount claimed by her, after deducting the $50 earned by her.
Defendant concedes that there was a question of fact for the jury, upon the evidence, as to the terms of the contract, but claims error in the charge of the court as to what would constitute a contract for a definite period, as distinguished from an engagement for the run of the play. The court said: “I charge that if the jury believe the testimony of Miss Sherwood, namely, that Brooks told her that Crane, the defendant, made no mistakes, and that the