Kolb

The plaintiffs commenced an action to recover moneys alleged to be due under a contract of employment. The defendants answered and filed-a cross-complaint. The plaintiffs answered the cross-complaint and a trial was had before the court sitting without a jury. The court made findings in favor of the defendants and from a judgment entered thereon the plaintiffs have appealed.

On the sixteenth day of March, 1927, the parties entered into a written contract which contained among others, the following:

The plaintiffs claim that on the evening of March 29, 1927, they together with their associates, eleven persons in all, appeared at the theater ready, able and willing to perform their contract and that they were refused admittance to the theater. In reply the defendants contend that the plaintiffs appeared with only a part of their cast, eleven persons instead of eleven persons and a chorus consisting of twelve women and six men. The plaintiffs do not dispute the fact, but claim that under their contract they were not bound to produce a chorus of twelve women and six men. The same contention arose in the trial court. The trial court admitted certain evidence over the objection of the…