KELSEY v. HAMPTON COURT HOTEL CO.


327 Mass. 150 (1951)

97 N.E.2d 407

RUSSELL L. KELSEY vs. HAMPTON COURT HOTEL COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

March 6, 1951.


Attorney(s) appearing for the Case

M. Wainer, for the defendant.

J.A. Polcari & L. Tobin, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & SPALDING, JJ.


RONAN, J.

This is an action of contract in three counts. The first count alleges the making of a contract on or about January 25, 1949, whereby the plaintiff agreed to furnish music by his orchestra on every Friday and Saturday evening for the ensuing three months, for which the defendant promised to pay him $41.40 for each engagement; that after playing on two evenings, the defendant repudiated its agreement, causing damage to the plaintiff; and that the plaintiff...

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