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BOOKING AGENCIES
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less fictitious. The courts have prevented recovery upon such contracts.195
The booking agent is entitled to his compensation when the introduction is effected and the actor is eventually accepted.196
Where the contract of employment was postponed by the actor through force majeure the actor is not obligated to pay until he actually enters upon his engagement.197
195 Meyers v. Walton (1912), 76 Misc. 510; 135 N. Y. Supp. 574. Held that the plaintiff who sued for services which he claimed he rendered as “manager” under a contract calling for a compensation of 5% of any salary received by defendants for performing in a vaudeville sketch, was evading the Theatrical Agency License law (Chap. 700, Laws 1910, amended 1916), and a judgment in his favor was reversed.
196 Colies v. Mangham (Eng.) (1909), Times, Dec. 21. One who is in the business of placing dramatic compositions for production is entitled to compensation when in his business capacity he introduces an author to a manager who eventually accepts his play.
See also: King v. Broadhurst (1914), 164 A. D. (N. Y.) 689; 150 N. Y. Supp. 376. An actor who made a contract with a
playwright whereby he agreed to procure a producer of a play provided he was given the leading role may recover for the reasonable value of his services for securing such a manager where he waived his right to play the leading role upon the representation of the playwright that he would “do what is right” and other similar expressions.
197 Foster’s Agency, him,., v. Romaine (Eng.) (1916), 32 T. L. R. 545. Plaintiff sued for breach of a contract whereby he was to be compensated by defendant for procuring an engagement in Australia. Because of the dangers incidental to submarine warfare defendant 'postponed her engagement. Held there could be no recovery, as defendant had not breached the contract.
Auckland & Brunetti v. Collins (Eng.) (1898), 14 T. L. R. 348. A booking agent’s agreement for