Universal Pictures Co. v. Cummings

This suit was brought by appellee to cancel a contract of employment entered into between the parties on November 21, 1938. On May 29, 1943, appellee notified appellant of his election to terminate the contract because of appellant’s alleged breach in failing and refusing to pay appellee’s salary when due. Appellant denies the breach and contends that the contract still exists. The facts and circumstances leading to the controversy are set out below.

On or about April 10, 1943, pursuant to the terms of the contract, appellant requested appellee to portray a role in the photoplay entitled “Fired Wife.” Appellee, for reasons advanced at the trial, refused to portray this role, and a substitute was engaged by appellant for a period of five weeks and two days, commencing April 12, 1943, and ending May 18, 1943. For this breach by appellee, appellant elected to suspend appellee for an equivalent period *987 of five weeks and two days, to withhold his' compensation for such period, and to extend the term of his employment under the contract for an equivalent period of five weeks and two days.

On May 26, 1943, the first pay day after May 18, 1943, appellee appeared at the usual place…