The New York Clipper (March 1919)

14 TjR£l#£*& YQ&K' C13B.PERLT Makc^S, J9I9 CONTRACT DOES NOT PREVENT POLICY CHANGE SHEA WINS IMPORTANT VERDICT A verdict of interest to stock managers all over the country, inasmuch as it de- crees that the manager of a theatre is per-' mitted to change the policy of his boose, even though such a change may abrogate a feature contract which calls for the orig- inal policy, was rendered last week by the Appellate Division of the Supreme Court of New York. The opinion, in which all of the sitting judges concurred, was written by Justice- Frank C. Laughlin. It reversed a. verdict of the lower court for f60Q against Patrick F. Shea, manager of the Holyoke (Mass.) Theatre, and in favor "of Doris Woolridge, a member of his company at that theatre. According to the evidence deduced, the plaintiff and defendant, on Feb. 1, 1916, en- tered into a contract by the terms of which Shea engaged Bliss Woolridge as leading lady of his company for four weeks, com- mencing May 1, 1916, with a provision for renewals for like periods of four weeks un- til the opening of the regular fail season of the theatre, so long as the gross receipts for each four-week period averaged more than $1,300 per week. By the terras of the contract 'Miss Wool- ridge was to receive 50 per cent of the gross receipts for each week in excess of $1,200, also her transportation from New York to Holyoke. Subsequently, she testi- fied. Shea agreed that she should receive $75 per week for legitimate expenses. Before May t, 1916, Shea abandoned the idea of putting a stock company into the Holyoke Theatre and booked vaudeville as the attraction. The court's decision was: "Whether she would have received any- thing for salary depended on the amount of the gross receipts per week, if the enter- prise had been carried out On that point the only evidence received and submitted to the consideration of the jury is in re- spect to the gross receipts per week re- ceived at the same theatre during three weeks in August, 1914, nearly two years before, when plaintiff was similarly em- ployed in a stock company under another management, but in which gross receipts the defendant was interested under a con- tract with the company which employed the plaintiff and presented the plays. "The verdict cannot be supported by evi- dence with respect to gross receipts of for- mer performances under a different employ- ment and management. "When it is certain that damages have been sustained, and the only uncertainty is with respect to the amount thereof, such amount may be determined 'approximately upon reasonable conjectures and proper es- timates,' but if they are so uncertain, con- tingent and imaginary as to be incapable of adequate proof, then they cannot be^recov- ered because they cannot be proved. In conclusion. Justice Laughlin wrote: "It may be that the plaintiff cannot show substantial damages for loss of salary de- pending on profits, and if not she will only be entitled to nominal damages therefor, but as she may be entitled to recover part of the allowance of $75 for her expenses she is entitled to a new trial." BLANEYS OPEN IN FALL RIVER Fill River, Mass., March 10.—The Iilaney Stock Company opened at the Acad- emy of Music here tonight with "The Brat" as the biTL The play was staged under the direction of James R. Garey and the scenery, from the brush of Victor Martin, drew forth words of high praise. The cast was: Steven Forrester, Jack Lorenz, Maemillan Forrester, Eugene Webber, Bishop Ware, Broderick O'Farrell, Timsbn, Dan Malloy, Jane De Pew, Jane Seymour, Angela Smythe, Hazel Corinne, Mrs. Pell For- rester, Florence Coventry, and The Brat, Valarie Valaire. Next week, "Common Clay." HARK1NS STOCK REHEARSING The W. S. Haridns Stock Company, which win open the latter part of this month for a tour of Canada, is now re- hearsing in this city under the direction of Dan Hanlon. The company, engaged through the Wales Winter offices, includes: Keith Macaulay Boss, Frank Harvey, Clay Cody, Herbert Jelly, Paul Hubcr, Joseph Mann, Marjorie Dalton, Edna Bern,' Sy- mona Boniface, and Mauilne Lyons and daughter. Manager Haritins has secured a list of the best releases, and, as his book- ings take him in territory in which the Harkins stock is wsil known, he looks for- ward to a long and prosperous season. MYRKLE-HARDER DRAW $3354 Greenfield, Mass., March 6.—The Myr- kle-Harder Stock Company played to $3,- 854.60 last week at prices ranging from 25 cents to 50 cents. Capacity ruled at. every 'performance and' many were turned away. The engagement was .played at the Lawler Theatre and the Lawler Brothers, managers of the house, claim to have made a record for a town of this size (17,000 population). The Myrkle-Harder Com- pany has always been a strong attraction here, but its business this year has eclipsed that of all previous seasons. DRAMATIC TENT SHOW MGRS. AREJJUSY PREPARE FOR AN EARLY START BETTY BROWN GOES TO DULUTH DrrLTjrH. Minn, March 7. — Betty Brown has joined the J. L. Morrissey Stock Company at the Lyceum Theatre as in- genue. Miss Brown ia popular in the East, having been connected with the Keith Play- ers at the Hudson Theatre, Union HOL N. Jh *» several seasons. ACTORS' FATHER DIES Newark, N. J., March 5.—Bryson Lyons, father of Joseph and Clifton Lyons, died from heart failure last Thursday at his home in this city. Joseph, who is known to the stage as Joe LyoneU, is well known in stock and, with his wife, is a member of the Manhattan Players now touring Pennsylvania. Clifton, in vaude- ville, has been recently mnstered out of the army. The deceased is also survived by his wife, three other sons and a daughter. LEADING LADY'S PLAY PRODUCED Saw Francisco. March 5.—''A Stolen Kiss," a play in a prologue and three acts by Evelyn Hambly, leading lady of the Lawrence Stock Company at the Majestic Theatre, was given its first production on Monday by the company. TWO JOBBING WITH FIELDER Philadelphia, March 10.—Marjorie Da- vis and Violet Debeccary are jobbing in "Mother Carey's Chickens," this week's offering of Frank Fielder's Mae Desmond Players at the Orpheum Theatre. GOES WITH HAMILTON STOCK Hamtlton-, Can.. March 10.—Doris Un- derwood has joined the Savoy Players as second woman and opens with the com- pany next Monday in "Whafs Your Hus- band Doing?" BUHLER SIGNS LLOYD SABINE Patebsok, N. J., March 7.—Richard Buhler has signed Lloyd Sabine as second man for the Richard Buhler Stock at the Lyceum Theatre. Houston, Tex., March 7.—There is un- usual activity here among managers of dramatic stock and repertoire companies going out under canvas, and not only in this city, but in San Antonio and other parts of this State. Letters from Okla- homa, Kansas, Nebraska, Ohio, Indiana, Iowa, Tennessee, Alabama, Louisiana and other States are all to the effect that in managerial circles the belief obtains that the season of 1919 will be one of the best in the history of the dramatic tent show. As a consequence of this belief and the continuance of mild weather, managers are preparing to send their shows out from two to three weeks earlier than usual this season. Reports are also to the effect that be- cause of the expected good business there will be a greater number of shows of this kind on the road this season than ever before, and the older - shows are being strengthened and brightened in view of the expected increased competition. Bands and orchestras will be enlarged, a better class of plays will be secured and the standard of players will be raised. While, as above noted, the activity ex- tends to the middle western States, the shows playing the South will go out first. Among the very first to put the "early worm" theory into practice is Ed. C. Nutt, who opens his show March 15 at Crowley, La. C. W. Park will open in a tent the- atre April 1 at New Orleans, La. The Earl Hawk Show, under the man- agement of Mrs. Earl. Hawk, opens April 7 in Tennessee, and the CKief and New- port Big Show will open on the same date and play Alabama. The Original Will- iams stock company, under the manage- ment of Elmer Lazone, will also have an early April opening in Alabama. The J. N. Bentfrow company is doing so well in Houston that it is likely to re- main here for some time. But May or June will probably find it trouping through the Lone Star State aa uBuaL The same may -be expected of the Colonial stock company, which is due to open March 31 in Weston, W. Va., although it will prob- ably not get far below the Mason and Dixon Lone. The middle west openings generally fol- low about a month later than those in the South ,and Eastern Monday will find the first batch of shows taking the road. On this date the Gordinier Brothers will send out three fully equipped companies, each of which will play old Gordinier ter- ritory. Another show to open on Easter will be the Francis Ingraham Show, which will start from Cascade, la. The Shannon stock, the Carlton Guy show, and the Franklin stock, all open early in May, in Ohio, Indiana and Ne- braska, in the order named. While about May 15 the Gerrard stock will open in Missouri. START 24TH WEEK Pittsburgh, Pa., March 7.—The Nellie Booth Stock Company is in its twenty- fourth week at the North Side Kenyon Theatre and is "till doing a splendid busi- ness. Miss Booth continues presenting her own plays, the current one being "His Tom- boy." > Matt M nil ugh, of the well-known Mc- Hugh family, is the most recent addition to the company and is now associated with his mother and sister. The company's roster now stands: J. S. McLaughlin, leading man and director; Wm. M. Crooksbank, heavies; G. Ell wood Appell, juveniles; Sam T. Reed, characters: Matt McHugh, general busi- ness; Mrs. Edw. MoHngh, characters; Kathryn McHugh, ingenue, and Nellie Booth, star. JOIN HOLYOKE STOCK Holyoke, Mass., March 10.—Edmund Carroll and James F. Ayres have joined the P. F. Shea Stock at the Holyoke Thea- tre, to play general business. This- com- pany has been presenting good bills and drawing good attendance. This week's bill is Little Peggy O'Moore. BLUNKALL BACK FROM FRANCE Emery Blunkell returned last week with the Engineer Corps of the 27th Infantry after nearly two years' abroad. Blunkall is among the best second men in the Stock business and has played with many of the leading permanent stock organizations in the country. MAKES DEBUT IN PATERSON Paterson, N. J., March 5.—Ernestine Morley, who has replaced Thais Magrane as leading lady of the Richard Buhler Stock Company at the Lyceum Theatre, made her first appearance with the company on Mon- day, in "Her Unborn Child," and gave an excellent performance of the heroine. TOM KANE RECOVERING Tom Kane, of the Century Play Com- pany, is in the New York Hospital re- covering from the injuries received in an automobile accident four weeks ago and hopes to be back at work in two weeks. ELLERY CLOSED FOR WEEK Yonkers, N. Y„ March 10.—The Ellery Stock Company, at the Warbnrton Thea- tre, is laying off this week and the house is being used for a local charity. The stock re-opens next Monday. CHANGE IN PHILLY STOCK Philadelphia, March 7.—Ann Hamil- ton has replaced Emily Calloway as lead- ing lady of the Moe Desmond Players at the Orpheum Theatre, making her first appearance next Monday. CLOSES COMPANY DURING LENT Manager J. E. Balfour has closed the Gladys Clark Company and will not re- open till Easter. Meantime, Manager Bal- four and wife (Gladys Clark) are in New York. SELWYNS BUY LAWRENCE PLAY Through the Century Play Company, Sel- wyn & Company have secured a new play by Vincent Lawrence, and will place it in rehearsal at once. RANOUS SIGNS MISS TEDRO ' Chicago, March 8.—Henrietta Tedro has been engsged by Rodney Ranous to play second leads with the North Shore Players Stock Company at the Wilson Avenue The- atre. Pietro Cavallo, the bandmaster, has been especially engaged to direct the orches- tra. Business has been exceptionally good. This week the company is playing "Our Wives." Next week's bill is "A Pool There Was." Other plays to follow consec- utively are "Mrs. Wiggs of the Cabbage Patch" and "Madame X." Betram Bates has been appointed stage manager. STOCK ACTOR JOINS ROAD SHOW Red Bank, N. J., March 8.—Bruno Wick, well known in stock, has joined The Little Pink Devil Company to play the juvenile role, opening here today. JOINS LOS ANGELES STOCK Los Angeles, Oal„ March 7.—Eleanor Woodruff has joined the stock company at the Morosco Theatre ag leading lady. HEADS MORGAN WALLACE STOCK Sioux City, la., March 6.—Coronne Oantwell has joined the Morgan Wallace Stock Company here as leading lady. CLOSES SHOW FOR TWO WEEKS Daisy Caiieton has closed her 'company for two weeks and is laying off in New York... : .