ACTRESS’S CLAIM

Greymouth Evening Star, 9 March 1933, Page 3

ACTRESS’S CLAIM

THEATRE MANAGER’S BLUFF

LONDON, January 19.

Iris Hoey, the actress, was plaintiff in an action in the King’s Bench Division yesterday. She sued Barry O’Brien, theatrical manager, for alleged breach of contract, complaining that she had not been allowed, to play her part in the provincial tour of “The Young Idea.’

Mr. J. W. Morriss for Miss Hoey, said that in October, .1.931, she was playing the part of Jennifer Brent in “Thj* Young Idea” at. St. Martin’s Theatre when Mr. O’Brien asked her if she would play the same part for seven weeks on a Moss Empire tour. She agreed to go on the tour on the terms that she was to get 8 per cent, of the gross takings with a minimum of £4O a week.

The tour opened at Edinburgh in October, 1931, and Glasgow, Manchester, Leeds, Oxford, Birmingham and Newcastle were to have been visited. Miss Hoey was playing at Newcastle in the third week of the tour when Mr. Cranston, defendant’s manager for the tour, intimated that the King’s Theatre, Hammersmith, had been secured for the week beginning Nov. 23 Difficulties had arisen with regard to theatres at Leeds, Oxford, and Manchester. Mr. O’Brien, through Mr. Cranston, suggested that the company, including Miss Hoey, should take half salaries for the Hammersmith week. Miss Hoey declined. The following week the company played at Brighton, after receiving a notice that the tour would finish at. Birmingham in December, 1931. Miss Hoey, while at Brighton, inquired whether the company was going to play at Hammersmith the tonlowing week. Mr. Cranston said the} would, whereupon Miss Hoey said, “Then I suppose you will get Miss Sybil Arundale to play my part. Mr. Cranston admitted that that was so. Plaintiff declined to play at Birmingham, and took the view that Mi. O’Brien had repudiated the contract. She claimed three weeks’ salary at £4O a week and general damages lor loss of reputation by not being allowed to play her part. Miss Hoey, giving evidence, said she was the wife of Mr. Cyril Raymond. She was paid £4O for the four weeks with an additional payment for the Glasgow week, when over £6OO was taken. “Mr. O’Brien practically kicked ’ me out at Hammersmith,” she de- ’ clared.

“EUPHEMISM FOR A LIE” Mr. E. Batt, for the defence, said there was no guarantee that the tour would be for seven weeks. The contract, he submitted, was broken by Miss Hoey. . . Mr. O’Brien, giving evidence, said when he was told that Miss Hoey would not accept, half salary for Hammersmith, he approached Miss Aru ndale, who agreed to play for the week. When Miss Hoey declined to play at. Birmingham, Miss Arundale consented to continue. There was no question of forcing Miss Hoey out. of the cast. Defendant agreed that, in a business letter in connection with the torn, he had said that he. had got a good company together cheaply by guaranteeing seven weeks’ work. ‘ That was a business bluff," said Mr. O Brien. Mr. Justice Avory: That is an euphemism for a lie, is it not.' Mr. O’Brien agreed that the statement was a lie.

Mr Flowers, K.C.: Are you in the habit of telling lies of that sort?—-In business one does tell white lies, surely?

His lordship: Have you a specimen of a black one? (Laughter). 'rhe jury awarded Miss Hoey £2OO as damages.