Wentworth v. Whitney

Citations

• 25 Pa. Super. 100
• 1904 Pa. Super. LEXIS 23

Syllabus

<p>Contract — Master and servant — Theatrical employment — Omission of performance.</p> <p>A contract of theatrical employment provided for weekly payments with deductions only “ for any nights or days on which the party of the second part may not be able to perform or sing, through illness or other unavoidable cause, or at such time that the company may not be giving performances.” In an action for a breach of the contract it appeared that a performance was omitted for one evening in a certain week, owing to the absence of performers whose place could not be supplied. The absence of these performers was not the fault of either the plaintiff or the defendant. The defendant made a deduction from plaintiff’s salary for the omitted performance, although plaintiff was ready and willing to play her part. Held, that such deduction was not justified by the contract.</p>