Camp v. Baldwin-Melville Co.

Citations

• 123 La. 257
• 48 So. 927
• 1909 La. LEXIS 702

Syllabus

<p>1. Customs and Usages (§ 14*) — Adding to Terms op Contract.</p> <p>• Where, in a contract of employment, a definite term is agreed on, evidence as to usage in similar cases is irrelevant and inadmissible, since, the contract being lawful, usage cannot be substituted for the will of the parties.</p> <p>[Ed. Note. — Eor other cases, see Customs and Usages, Cent. Dig. § 29; Dec. Dig. § 14.*]</p> <p>2. Customs and Usages (§§ 14, 19*) — Adding to Terms op Contract — Evidence—Supetciency.</p> <p>A theatrical manager having telegraphed to an actor, “Telegraph, here, lowest salary for next season, opening about September first, possible,” and the actor having replied, stating his terms, and the manager having telegraphed again, offering somewhat less than the amount demanded, and adding, “If accepted, consider yourself engaged; answer, here, without fail, to-night,” and the actor having answered, accepting the offer, held, that the engagement was for the season, and that evidence tending to show usage, among theatrical people, whereby there should be read into the contract a stipulation giving to either party the right to terminate the relation resulting therefrom, on giving the other two weeks’ notice, was irrelevant and inadmissible. Held, further, that the evidence (which was admitted, though, as subsequently held, improperly) fails to show any such usage applicable to the case stated.</p> <p>■ [Ed. Note. — Eor other cases, see Customs and Usages, Cent. Dig. § 29; Dec. Dig. §§ 14, 19.*]</p> <p>3. Master and Servant (§ 42*) — Wrongful . Discharge — Other Employment.</p> <p>Where an actor, employed for the season, is discharged without cause before the close of the season, the fact that he may elsewhere earn money during the unexpired term of his contract has no bearing, under the law and jurisprudence of this state, upon his right to recover his salary for such unexpired term.</p> <p>[Ed. Note. — Eor other cases, see Master and Servant, Dec. Dig. § 42.*]</p> <p>4. App