A Theatrical Case.

Taranaki Daily News, Volume XXXXV, Issue 259, 1 December 1903, Page 4

A Theatrical Case.

MDME. SLAPOFFSKI V. GEORGE MUSGROVE. The hearing of this case, reference to which was made in a Melbourne cable a day or two ago, was first called on in the Practice Court, Melbourne, some time ago. Madame Slapoffski claimed the sum of £930 13s 4d for work and labour done as an operatic singer at defendanl'srcftiuest l>etween Jan. 16 and 'Aug. 6, 1903, the claim being calculated at the rate of £8 6s Btl for each performance during ihe period specified. The plaintiff had performed in all 146 times, and she received on account £285, leaving the above balance. An affidavit by Ernest Collins, secretary to the defendant, set out that between the dates mentioned in plaintiff's claim, Madame Slapoffski did perform work and labour for the defendant under a verbal agreement at a salary of £35 per week, and during such 'ime receiveu iir.noys on account of salaiy amounting to £3lO, leaving a balance due to the plaintiff of £269. This balance was held, for the plaintiff.sulbjiect to the disposal of a rounder claim. It was verbally agreed between the parties that the plaintiff should appear as the prima donna in the comic operas, "The Serenade" and "The Daughter of the Regiment," to be staged at the Frincess's Theatre on Aug. 8 and should thereafter accompany the defendant's Comic Opera Company on tour through New Zealand. On the afternoon of Aug. 5 the husband of the plaintiff had a disablement with the defendant, which disagreement, *he affidavit alleged, had no connection with the plaintiff's engagement at the theatre, or in regard to any claim that she may have thereunder, and the plaintiff's husband informed the defendant that he waa finished wfth him. Following this disagreement, the plaintiff, i«i breach of her agreement, and without notice on her part, did not appear in "The Seranade" that evening at all, and did not go to New Zealand with defendant's Comic Opera Company. Owing to such breach of agreement, the defendant was put to great expense, and sustained, according to the affidavit, great damage and loss to his reputation, and defendant estimated such loss at between £3OOO and £4OOO, which he counter-claimed from the plaintiff. The case was ordered to be tried by a Judge and jury, hence the proceeding* mentioned in the cablegram.