{
  "id": 2908054,
  "name": "Eva Tanguay, Appellee, v. Lew Fields, Appellant",
  "name_abbreviation": "Tanguay v. Fields",
  "decision_date": "1914-11-19",
  "docket_number": "Gen. No. 19,923",
  "first_page": "510",
  "last_page": "513",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 510"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 315,
    "char_count": 5829,
    "ocr_confidence": 0.525,
    "sha256": "4c96bfa198b80178ab7d2e372a10a450f60ba8a370984b1ba07e29f9bae1b65a",
    "simhash": "1:d1e6a101163b64bc",
    "word_count": 997
  },
  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Eva Tanguay, Appellee, v. Lew Fields, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Pam\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Customs and usages, \u00a7 24 \u2014burden of proving existence of a custom. When a defendant 'relies on a failure to comply with an alleged established custom or usage as part of a contract of employment of an actress, the burden is upon him to prove the existence of such custom or usage.\n2. Customs and usages, \u00a7 27 \u2014when evidence insufficient to establish custom in theatrical profession. Where defendant contended that according to an established custom or usage in the theatrical profession, where an actress is engaged to render services for a new play and no date is specified in the agreement, the engagement is Tor the season or the run of the play, in an action for services rendered, the evidence is held to fail to show the existence of such a custom or usage.",
        "type": "majority",
        "author": "Mr. Justice Pam"
      }
    ],
    "attorneys": [
      "Frank & Lurie, for appellant.",
      "Adolph Marks, for appellee."
    ],
    "corrections": "",
    "head_matter": "Eva Tanguay, Appellee, v. Lew Fields, Appellant.\nGen. No. 19,923.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Thomas F. Scully, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed November 19, 1914.\nStatement of the Case.\n. Action by Eva Tanguay against Lew Fields for services rendered by her as an actress under a contract made in New York on September 4, 1912. From a judgment in favor of the plaintiff for two thousand dollars, defendant appeals.\nThe contract of employment admitted in evidence upon which plaintiff predicated her claim, reads as follows :\n\u201cNew York, Sept. 4, 1912.\n\u201cDear Miss Tanguay:\nI hereby engage you to play the leading female part in \u2018The Sun Dodgers,\u2019 which is to open on or about October 1st. I agree to pay you the sum of Two Thousand Dollars ($2000) a week. I also agree to bill you in all advertisement matter, electric . signs and newspapers in the following manner:\nEVA TANGUAY\nin\nTHE SUN DODGERS\nYour signed acceptance to this letter will be binding.\nEva Tanguay. Lew Fields.\u201d\nC. F. Zittel.\nIt was admitted that the plaintiff performed for one and one-half weeks and was paid only one-half week\u2019s salary.\nDefendant contended that according to the established custom and usage in the theatrical profession, where an actor or actress is engaged to render services for a new play, and no date is specified in the agreement, the engagement is for the season \"or run of the play; that the contract offered in evidence was of that character, and that the established custom and usage must be considered a part of the contract; and that consequently plaintiff\u2019s engagement was for the theatrical season of 1912-1913, or for the run of the play.\nIt was admitted by plaintiff that she left the company that was presenting the play one and one-half weeks after it opened. Defendant contended that she left without his consent and over his protest; that the engagement having been for the entire season or run of the play, plaintiff committed a breach of her contract and was therefore not entitled to recover; and furthermore, that by reason of the breach by plaintiff of her contract, defendant was damaged in a sum greater than the amount claimed by the plaintiff.\nPlaintiff maintained that before the play opened she had notified defendant that she was dissatisfied with her part and would leave the company, and that defendant made no objection and consented to her doing so; further, that in leaving the company when she did, she did not breach her contract, but had a right to do so; and having rendered services for one week, she was entitled to payment therefor.\nPlaintiff denied that there was an established custom and usage in the theatrical profession, with reference to the contract in question, as contended for by defendant.\nTo support his contention as to the alleged custom and usage, defendant testified that he had been a theatrical manager for many years; that he had made many contracts of this kind, not only with plaintiff but with other well-known actors and actresses; that there was a custom in the theatrical business in the city of New York, where this contract was made, and elsewhere throughout, the United States, that where an actor or actress engages to render services in a new play, and no time is specified in the agreement, the actor is supposed to play for the entire,season or run of the play; that the custom is long established and as well known among actors and artists engaged to perform as among managers and producers.\nFrank C. Langley, witness on behalf of the defendant, testified that he had been engaged in the theatrical business for many years, and corroborated defendant as to the existence of the custom as contended for by defendant.\nPlaintiff testified that she had been an actress for nearly twenty-five years; that she was familiar with the established custom and usage pertaining to the theatrical business; that there was no well-established custom and usage whereby a contract of this kind was binding on the parties for the whole season or run of the play.\nArthur Klein, also called by the plaintiff, testified that he was a theatrical manager and that he was acquainted with the methods and customs prevailing in the theatrical business; that there was no well-established custom whereby the period of service in the contract offered in evidence would be construed as extending over the entire season or run of the play.\nAnother witness for the plaintiff was Lew Krause, who testified that he was familiar with the theatrical business in general, and that there was absolutely no custom whereby the contract in question would be considered as covering the theatrical season of the year in which the contract was made, or for the run of the play.\nFrank & Lurie, for appellant.\nAdolph Marks, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0510-01",
  "first_page_order": 536,
  "last_page_order": 539
}
