167 Mass. 157 | Mass. | 1896
The contract set out in the papers before us appears to be under seal, and to have been entered into between Edwin Arden of the first part and William H. Todd of the second part. The party of the first part “ hereby engages to play Mr. Thomas Keene and his supporting company at Northampton, Mass., for a period of one night,” etc. The point seems not to have been taken that, as this is a contract under seal, only the parties who signed and sealed it can sue or be sued upon it.
The court excluded the testimony, and ordered a verdict for the plaintiff for nominal damages. The plaintiff’s only other evidence on the subject of damages was to the effect that the defendant is an actor “ of high repute and popularity, especially in rendering the tragedies of Shakespeare; that during the previous year the defendant had played in the said Academy of Music to a large house”; and “that Northampton is the seat of Smith College, an institution attended by many hundred women students, who largely patronize representations of Shakespearian plays as a means of education, and by their attendance insure a crowded house.”
The facts put in evidence seem to us to afford no satisfactory basis of comparison on which to reckon the profits, if any, which
We are of opinion that the ruling was right. Noble v. Hand, 163 Mass. 289. Brown v. Smith, 12 Cush. 366. Bernstein v. Meech, 130 N. Y. 354. Moss v. Tompkins, 69 Hun, 288; S. C. 144 N. Y. 659. Exceptions overruled.