Citation Numbers: 57 Misc. 620
Judges: Gerard
Filed Date: 2/15/1908
Status: Precedential
Modified Date: 1/12/2023
The defendant employed the plaintiff as an
actor, under a written contract which contained the following clause in paragraph second: “And it is further contracted and agreed by and between the parties to this instrument that, in case the services so rendered by the party of the second part shall not in the estimation of the party of the first part be satisfactorily rendered, the party of the first part may cancel this contract and release himself from the terms thereof. This to refer to rehearsals as well as any performance.” The employment was for the theatrical season of 1906-7. On November 10, 1906, defendant sent plaintiff a notice stating, “ according to the terms of the contract now existing between you and the Shubert Theatrical Company, this will serve as your two weeks’ notice ending Saturday night, November 24, 1906.” Plaintiff was paid a salary of $100 a week, the price stipulated in the contract, down td November 24, 1906. He received a second notice from the defendant, which he admitted hé received on or prior to November 24, as follows:
“ Dear+ Sir.— Pursuant to the terms of paragraph Second of the contract made with you, dated July 18, 1906, we hereby desire to notify you that your services are not sátisfaetorily rendered and we hereby cancel the contract between you and ourselves.
“ Yours truly,
“ Shubert Theatrical Company.”
The contract in question did not contain any clause providing for a two weeks’ notice. Where a contract contains
Gildersleeve, J., concurs; Seabury, J., takes no part.
Judgment and order affirmed, with costs. •