15 N.Y.S. 958 | City of New York Municipal Court | 1891
The plaintiffs, Mrs. Annie Teamans, and her daughter, Jennie, actresses, entered into a written contract on May 16, 1889, with the •defendant, a dramatic author, by the terms of which be was to write a three-act comedy drama, as required and directed by the plaintiffs, who were to pay him $5,000 therefor, as follows: $250 down, $100 when the first act was ■completed, $100 on completion of the second act, $50 when the play was finally completed, and thereafter $50 per week until the balance was fully paid; and they further agreed to stage and produce the play with a first-class •company, for a season of 10 weeks, commencing September 15; 1889; the selection of the company, however, to be subject to the approval and under the direction of the defendant. The defendant signed and delivered to plaintiffs, on June 15th following, a written memorandum, by which he acknowledged receipt of $250, and guarantied to have the play completed by September 15th. It was conceded that this $250 had already been paid him by plaintiffs on the •delivery of the original contract of May 16th. The plaintiffs’ evidence showed that the defendant completed the first act of the play on June 13th, when he was paid $100, as agreed; that the greater part of the second act was completed and read to them on August 4th, and the other $100 was then paid; that the third and last act was not completed until September 30th, when he wrote a letter offering to read the play in full to them, which offer they refused, claiming that it came too late, as the play should have been completely .finished and read to them certainly by September 15th. The plaintiffs’ action
So much for defendant’s contention that he was not required by the terms of the original contract to complete the play by September 15th, the very day upon which this same contract required the plaintiffs to so produce and present it. And, as for this so much talked of memorandum, if it had any force, —and why not?—it inured to the benefit of the defendant, and not of plaintiffs, for it extended the time within which he was required to write the play about two weeks, the period necessary for rehearsing the play; and, if it has no force, then, under the original contract, he would be required to complete and deliver the play about two weeks previous to September 15th, the time when plaintiffs originally agreed to produce it. All of the substantial objections of defendant’s counsel were directed at the supposed invalidity of this memorandum, and have thus been disposed of; and the only remaining objections to be considered are that the verdict is excessive, contrary to the evidence, contrary to law, and against the weight of evidence. After careful •examination, the conclusion is reached that the evidence justifies the verdict.
Judgment affirmed, with costs. All concur.