Lippert v. Garrick Theater Co.

• Decision Date: 10 January 1911
• Parties: LIPPERT v. GARRICK THEATER CO.
• Court: Wisconsin Supreme Court

144 Wis. 413

129 N.W. 409

LIPPERT

v.GARRICK THEATER CO.

Supreme Court of Wisconsin.

Jan. 10, 1911.

Appeal from Circuit Court, Milwaukee County; Orren T. Williams, Judge.

Action by Max Lippert against the Garrick Theater Company. Judgment for plaintiff, and defendant appeals. Affirmed.

This is an appeal from a judgment awarding the plaintiff $735.16 on account of alleged breach of contract on the part of the defendant by discharging the plaintiff before the term of services under a contract had expired. The contract was made on the 31st day of July, 1907, and provided, in effect, that the defendant employed the plaintiff as its buffet and bar manager for the season commencing September 1, 1907, for a period of 40 weeks at a salary of $100 per month, and allowed him the use of the floor bar during the period that the defendant's theater was closed without cost or rent; that the plaintiff was to enter the employ of the defendant August 26, 1907, and receive no pay until September 1, 1907, and further provided that the duty of the plaintiff should be to supervise all bars and receive his pay weekly. The agreement was conditioned that plaintiff's work should be reasonably satisfactory. The complaint sets up this contract and that plaintiff entered the employ of the defendant under it on the 26th day of August, 1907, on the terms and conditions of the contract, and duly performed his duties thereunder until the 30th day of November, 1907, at which time the defendant discharged him without cause and for the purpose of defrauding him out of the benefits and profits of said contract, and has since refused to be bound by said contract, and refused to permit plaintiff to continue in said employment, and has denied him the use of the floor bar or other privileges under the contract, all of which were very valuable, by reason of which plaintiff sustained $2,000 damages. The answer admits the contract as alleged, and that on the 26th day of August, 1907, plaintiff entered upon the performance of his duties under such contract, and continued until November 30, 1907, and alleges that he was at that time justly discharged by defendant on account of gross incompetency and insubordinateness. The jury returned the following verdict:

“(1) Did the defendant, Garrick Theater Company, acting in good faith, adopt a resolution on the 13th day of November, 1907, discharging the plaintiff on the 30th of November because his work as ‘supervisor of all bars' in the Gayety Theater was not ‘reasonably satisfactory to the management’ thereof? Answer: No.

(2) Was the defendant justified in discharging the plaintiff because his work was not ‘reasonably satisfactory to the management’ of the defendant company as ‘supervisor of all the bars' in the Gayety Theater? Answer: No.

(3) If you answer the foregoing questions ‘Yes,’ you need not answer this question; otherwise, answer this question: What was the reasonable value of the use of the floor bar in the Gayety Theater from June 6, 1907, to August 20, 1907? Answer: $187.

(4) If you answer questions 1 and 2 ‘Yes,’ you need not answer this question; otherwise answer this question: At what sum do you assess the plaintiff's damages? Answer: For the value of the use of the bar, $187; for the value of services, $573.”

Motions were made by defendant for judgment notwithstanding the...