Weber

The sole question involved in this cause has become moot and for that reason the appeal must be dismissed. This arises from the following facts:

Plaintiffs, as members and on behalf of the Musicians Union of San Francisco, Local No. 6, American Federation of Musicians, and all of the members thereof, said organization having for its purpose the regulation of prices, business and working conditions in the musical profession, brought this suit against certain individuals and corporations identified with what is known as the Allied Amusement Industries of California, to enjoin a breach and enforce the terms of a certain collective bargaining agreement with reference to labor, entered into in writing by said parties on September 30, 1928, and by its terms to terminate on August 31, 1930.

The court below adjudged said contract to be one involving personal services and, therefore, not subject to specific enforcement, hence not one for an injunction to prevent its breach; declined the relief prayed for; sustained a demurrer to the complaint without leave to amend and later, on June 14, 1929, gave a judgment of dismissal of the action. Notice of appeal to this court was filed by…