Dearing v. Pearson 56 N.Y. St. Rptr. 901

Newburger, J.

This is an action brought to recover damages for a wrongful discharge. The plaintiff, an actress, claims that she was employed by the defendant for a theatrical season of thirty-two weeks. That she performed for a period of five weeks and the defendant, then, without cause discharged her. Defendant admits the employment of plaintiff, but denies that sdch employment was for thirty-two weeks, and that he discharged her for incompetency. There was a conflict of evidence as to whether or not the contract was for thirty-two weeks or not, and as to the custom iu the theatrical profession by which the manager gives what is termed “two weeks notice ” of his desire to terminate a contract. All these questions weie properly submitted to the jury by the trial justice, and no errors are disclosed iu the appeal book. The judgment must therefore be affirmed, with costs. All concur.