In the U.S. Court for China on June 17, Judge M. D. Purdy gave judgment in the appeal by the Grand Theatre Corporation against a decision of Commissioner A. Krisel in the Consular Court on April 1, 1930, whereby a musician named Roudakoft was awarded $535.47 Jdamages for breach of contract, The appeal was dismissed with Tin upholding the decision of the! court below, Judge Purdy "This is an appeal from a judgment} rendered in the American Consular Court at Shanghai on April 1, 1930, in favour of the plaintiff in the sum of Mex. $585.47 together with Interest thereon at the rate of six per cent. per annum from December! 21, 1929," Counsel for appellant] contends that the decision and judgment rendered in the court below are contrary to the law and. the evidence and upon such grounds seeks for a reversal of that decision.
Tu the opinion of the court. below defendant failed "The evidence shows that the plaintiff was employed by the defendant under a written contract Jas a musician in defendant's orchestra Jat the rate of $200 per month from December 21, 1928, until December 21, 1929. The orchestra in question consisted of 12 musicians who were engaged to furnish musie at defendant's cinema theatre in the city of Shanghai at two daily performances. There appears to have been no trouble between the parties until early in the month of September, 1929, at which time the defendant changed the character of its performance from silent pictures to: talkies." On September 7 the defendant addressed a letter to each member of its orchestra in substance as follows: tion to employ in future the servi of an orchestra in their theatres. Realizing ts make other "Between September 1 and October 8 the membership of this orchestra had been reduced by resignation. or otherwise to four members, of which number the plaintiff in this action vas one. Between September 1 and
Text read from the printed page and cleaned; old type leaves the occasional error.