Pantages

Plaintiff prosecutes this appeal from a judgment rendered in favor of the defendant in an action seeking to recover $2,356.76, claimed due and owing from defendant, arising out of a contract entered into between the parties. The evidence was presented to the court either by stipulation or by testimony which was not disputed.

In October, 1921, a written contract was entered into wherein the defendant herein was the party of the first part and designated as “manager”; the plaintiff herein was the party of the second part and designated as “producer,” and Jack Dempsey and Jack Kearns were the parties of the third part and designated as “artists.” The contract in question is an extended one, and we will quote only such paragraphs as we deem material for our consideration. They will be referred as numbered in the written agreement.

Attached to and made a part of the contract is what is termed therein as a “printed form of contract.” This printed form contains extended provisions specifying the authority of respondent “as manager” to determine the place, time, and manner of giving the vaudeville shows and also establishes with considerable detail the duties and obligations of the…