Zenatello v. Hammerstein

Citations

• 231 Pa. 56
• 79 A. 922
• 1911 Pa. LEXIS 790

Syllabus

<p>Contracts — Breach—Question for jury — Affidavit of defense — Illegal contracts — Sunday laws — Conflict of laws — Place of performance — Presumption.</p> <p>1. In an action by an artist against an opera producer on a contract providing “the artist binds himself to sing in Italian, in New York and in the United States of America, the operas of his repertory and those which will be indicated to him,” in consideration of a certain sum to be paid by the producer “for each performance or Sunday concert, which sum shall be paid to the artist the day after the performance,” and providing in another portion that the artist should sing the songs of his repertory “and some other operas which may be indicated, so long as they are fit for him, and they are arranged on mutual agreement,” where the statement avers that the plaintiff was ready and willing at all times and offered to perform his engagements under the contract, an affidavit of defense is sufficient which denies these averments of the statement and avers that after fourteen performances the “defendant desired and requested plaintiff to sing the tenor part in the opera ‘The Prophet,’ which was a part the plaintiff was well fitted to sing, but said plaintiff, without reason or excuse, declined and refused to sing the part.”</p> <p>2. Such a contract, since it does not provide that the plaintiff will sing only in New York, is not void as stipulating for performances on Sunday against the statutes of that state, the presumption being that the parties intended the performance of the agreement in a place or territory where its performance was permissible.</p>