Eddy

Action for damages for breach of contract. Demurrer to complaint was sustained without' leave to amend and judgment entered in favor of deferidant.

The complaint alleges the making of an agreement between plaintiff and defendant on December 1, 1906, whereby the former, in consideration of the payment to him of a salary of $250 per week, board and transportation, agreed to furnish to and perform at each performance given by the latter during the regular traveling season of 1907: “Two acts (only) high wire act', acrobatic act, and none of the Eddy Family to go in entry or parades. The Eddy Family are to have a real stateroom large enough for all the family in the Pullman sleeping car, and their engagement for the season of 1907 is not to be less than (30) thirty weeks (guarantee),” etc. That before the time when plaintiff was to commence to perform such duties under the contract, to wit, on or about January 24, 1907, defendant repudiated the contract. That it was then too late for plaintiff to procure employment elsewhere for the season of 1907; that he had not been able to do so, and had expended ,$400 in preparation to perform his part of the contract, and which he is ready,…