Rothenberg v. Packard

Citations

• 97 Miss. 428
• 52 So. 458

Syllabus

<p>Contracts. Breach. Bight of action. Theaters. Actors on strilce. New contract. Emergency unforeseen.</p> <p>Where by the terms of a written contract between the manager of a theatrical company and the owner of a playhouse, the latter was to pay the former seventy per centum of the gross receipts of two performances to be enacted in the house, one in the afternoon and the other in the evening of the same day, and just before the time for beginning the first performance the manager’s actors and actresses refused to appear upon the stage at either performance until the arrearages of their salaries due them by the manager were paid, and thereupon the traveling agent of the manager, with the consent and concurrence of the actors and actresses, verbally agreed with the owner of the house that he should pay the seventy per centum of the proceeds to them on their salaries, and the plays were performed thereunder and the seventy per centum appropriated in accordance therewith, the owner was not liable to the manager under the written contract for any part of the receipts.</p>