Opinion
November, 1905.
House, Grossman Vorhaus (Charles Goldzier of counsel), for appellants.
K. Henry Rosenberg, for respondent.
Plaintiff entered into a contract with defendants by the terms of which the plaintiff was to give two theatrical performances per day, at the Colonial Music Hall, from April 10, 1905, to April 16, 1905, both days inclusive, which included Sunday. On reporting at the Music Hall on April tenth, plaintiff was informed that his services were not wanted. He sued for breach of contract, and obtained judgment in his favor for $300, the full amount of his claim; and costs. The defense is mainly based upon the statutes commonly called the Sunday laws. It seems to us that the defense was well taken, and the contract was void as being in violation of said statutes. See Penal Code, §§ 263, 265, 277; Greater N.Y. charter, § 1481; Mayor v. Eden Musée, 102 N.Y. 593.
Present: SCOTT, GILDERSLEEVE and MacLEAN, JJ.
Judgment reversed and new trial granted, with costs to appellant to abide event.