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Contracts Keyed to Barnett
Duff v. Russell
Citation:
Superior Court of New York City, 60 Super. 80, 14 N.Y.S. 134 (1891)Facts
Actress agreed with the Manager to appear in the soprano roles of operas as the Manager might produce during the seasons of 1887-1888 and 1888-1889 in such cities as the Manager might select. In the production of each opera Manager was to supply costumes; in New York seven performances were to be given each week, except Sundays; and the season was to begin in October or November of each year and to last until May or June of the following year. Manager could terminate each season by giving two weeks’ notice; Actress was to receive $300 per week. Manager, relying upon the contract, advertised the Actress’ upcoming performances at great expense throughout the United States. Actress refused to perform in Manager’s opera beginning on Monday evening, January 7, 1889, and began to perform as an actress at the Casino, a rival and competitor of Manager. Manager protested and was unable to replace the Actress for the rest of the season which caused damages which cannot be ascertained.
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