The Sun.
London, England, 1836-11-17 00:00:00

,CHEQUER COURT.-(THIS DAY.)

VANDENHOFF V. BUNN.
Mr. PLATT appeared to show cause against a rule Nisi
for a new trial in this cause, which was obtained by Mr.
Thessiger on the part of the defendant.
The LORD CHIEF BARON read over his notes of the
trial, from which it appeared that the plaintiff, a celebrated
actor, entered in 1834 into an agreement with the lessee
of Drury-lane, to play for two seasons at 181. a week. 11°
played up to the month of May, when the defendant sud-
denly put an end to the season, closed the theatre for a few
weeks, and then opened it as a new season, Madame Mali-
bran being the only new actor. It appeared that manY
of the other actors entered into new engagements with Mr.
Bunn for what was called the summer season, but Mr.'
Vandenhoff did not ; he brought his action for his salary
for the whole time the Theatre was open, and obtained a
verdict for 162/.

Mr. PLATT contended that the season meant to include
the whole time which the Theatre was kept open, and that•
according to the note of Mr. Kemble's evidence, which had
been taken by his Learned Junior, he did not limit the
season to two hundred nights, but said that be had
never known it to consist of less. If this were not so---if
the manager could put an end to a season at any time •
he pleased, the performers could not by possibility make all ,
arrangements ; while, on the other hand, if the maaager
brought out a new piece, which was very successful two
or three weeks, before the end of 200 nights he would
very naturally wish to run it for a few weeks longer.
Under such circumstances, would any one for a moment
contend that the performers were at liberty to say "
the season is over, we will not play any longer." There
was a mutuality in the contract—the manager could not
put an end to the season under 200 nights, but if he
wished to keep open after then, the performer 5
bound to play so long as the theatre was kept open. go
submitted that the only question in the cause was as to the
length of the season, which was a question for the Jury, add
they had decided it.
Mr. TIIESSIGER admitted that the defendant had been
in error in so suddenly putting an end to the season. kle
was now fully aware of his error, and recognized the custom
as laid down in the evidence of Mr. Kemble, that a senses
must consist of two hundred nights. Being aware of that
he was now willing to adopt the suggestion thrown out by
the Court, and consent that the verdict should stand for 6°"
Mr. PLATT was not instructed to consent to the 91..
rangement.
Mr. TIIESSIGER then contended, that though the season-
must be of the duration of two hundred nights, still as ALr'
Bunn had put an end to the former contract, by silutt''
up the theatre, and had made new contracts with the per-
formers for the summer season, it was as much a tr.
season as if the performances had been. held at aec't3l,ci
theatre. He (Mr. Thessiger) would admit that if e
defendant had merely put an end to the plaintiff's contract'
and had gone on with the old contracts of the other Pero
formers, then it might be contended that the two seasi''es,
were one ; but the evidence was, that the other Pi: he,
had entered into new engagements. He was sorry that
had been led into a misstatement when applying for the
rule ; but the fact was, when the cause was called on.
P
was engaged elsewhere.
Mr. Baron ALDERSON—Then the principal performer
being aib,sueEnts,siGhEisßp_arAt
nwdasarteaedxtbryemaneolytheshr.o—rt( -,oa tui
notice,
t effir

Lord.
Mr. PLATT—But extremely well done.
Mr. THESSIGER said the only evidence which was ton ga
to the Jury as to the length of the season, was the witess
for the plaintiff, Mr. Kemble. There was no other evi-
dence in the cause, and they had no right to find for more
than the 200 nights for which the season ought to have!
lasted. He had the notes taken of that evidence by his
Learned Friend, Mr. Cresswell, and they were in the sates
Kemble put no limitation to his words—they words as the note taken by the Lord Chief Justice. Mr:
4, that,
in the best days of the drama a season consisted of two buil-
dred nights." He contended that the nine weeks of the
Bred
send the case lie,
summer season formed a distinct season, and the Jury
gone beyond their province in finding for the plaintiff for ,
large a sum.were,
woun,
Mr. Baron P beforethaenreoftohreer,
Jury
their Lordship
trial in tl i
-." (3", e. It was left to the Jury to determine why
ascli
1-41eaniAg. attaehed to the word season in the contract,.
__
_ Aulcx was of opinion there ought to be no nevi
they had found that the plaintiff was to be employed so "
_ :
as the defendant kept a theatre open. Had there beer'