Hall v. James

CAMPBELL, J.,

pro tem.

The record shows that the demurrer to plaintiff’s third amended complaint was sustained and plaintiff was granted ten days in which to amend his pleading and file a fourth amended complaint, that he declined to amend and judgment was therefore entered that plaintiff do have and recover nothing from defendants and that defendants recover from plaintiff their costs. From this judgment in favor of defendants plaintiff appeals.

The demurrer sets forth several grounds upon which the complaint is defective, but if the demurrer is well taken as to any one ground the appeal must fail, and a discussion of the remaining points urged becomes unnecessary.

The action is one for breach of contract, in which it is alleged that defendant Alice James failed to perform certain services in playing a part in' a motion picture production. The third amended complaint of plaintiff, paragraph Y, after alleging the contract and that defendant Alice James quit her employment and would not complete her agreement with plaintiff, alleges: “That ever since said 26th day of June, 1922, she had refused and still does refuse to perform and comply with the terms of her said written contract-and agreement with the plaintiff as herein set forth, to the great damage of the plaintiff herein in the sum of $1942.50,

as plaintiff is informed and believes

and thus alleges.”

In paragraph VI plaintiff alleges sums of money he was compelled to pay out for substitutes and extra people and the purchase of fifteen hundred feet of film in reproducing and duplicating scenes and extra cost of rental for sets by reason of the failure of Alice James to perform her duties under such contract and agreement, “thus

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causing delay to the whole cast and staff in the sum of $1,000, and in all amounting to the sum of $1,942.50,

as pla/intiff is informed and believes

and thus alleges.”

In paragraph VII plaintiff alleges that he paid defendant Alice James $150 for two weeks’ wages and that such services were worthless because of the breach by her of her contract, “and that said sum of $150 paid to said defendant Alice James as herein set forth had not been repaid to the plaintiff or to any other person or persons or at all, and that the same is now due and payable from said defendant Alice James to the plaintiff,