The San Francisco call., 1905-02-26
WANTS DAMAGES
FOR LOST CHORD
Mexican Theatrical Manager
Says That Tetrazzini Broke
Her Contract With Him
ASKS FOR A FORTUNE
Sweet Singer Called Upon
to Pay $4,000 for Failure
to Keep the Agreement

The man from Mexico Is after Tet-
razzini. The songL- from Italy,
who has warbled her way into the
hearts of San Franciscans. Is to be
shared in the legal meshes Of the law.
When she sailed for this country her
Incompatible voice and her gracious
self were constructively In cage-an
iron-bound proposition of the sort
conceived by willy theatrical managers.
who insure a profit for themselves
when they engage the talents Of
public idol. 1t is called contract,
and Tetrazzinf is said to have done
something which the law construes as
a breach" If some lawyers are right
it will cost Tetrazzini $4,000 and she
will not be permitted to pay the obli-
CATION by trilling a few high notes.
/. Lerner is the Mexican. He is a
theatrical manager in the capital city
of our sister republic, where half the
population goes wild over bullhghts
and the other half is exalted by grand
opera. Lerner Gagged the Tetrazzini
voice, and he made a contract
for her appearance for two
months in "the United States and
Canada" San Francisco has had the
benefit of it. Happy San Francisco!
Wise Lerner! His contract contained
clause to the effect that il it's con-
ditions should not be complied with,
in the absence of prescribed excuses
of war, pestilence and the like, the
singer was to forfeit. "as liquidated
damages" the whole amount Of the
agreed payments for her services.
namely. $4,000. or $1,000 each for
twenty performances.
Lerner's suit for the recovery OF the
damages was fled in the Superior
Court yesterday afternoon by his at
torney, S. F. ST. Sure. The complaint
itself is brief. 1T recites that on jan
uary 8, 1904, at the City of Mexico,
Lerner, theatrical manager, made an
agreement in writing with Luisa Tet-
razzini, artist. The plaintiff has fully
performed his part Of the contract.
while she has fully failed. BY the
terms of the writing the sum of s24.-
900 liquidated damages Is now due
the plaintiff.
To the complaint Is attached a copy
of the contract. First, Lerner has -
tracted for the singer to perform in
the United States and Canada, where
she will be bound to give her services
in all kinds of musical entertainments
that may be ordered by the manage
ment. She was bound to be ready to
depart from Havana, Cuba, on Feb
ruary %, 1904. The contract was to
have a duration of two months and
take effect five days after her arrival
in this country. The manager was TO
pay her $1,000 for each performance.
she to perform three times a week.
and on not more than two consecutive
days. She was to sing all the operas
in her repertoire adapted to her voice
and in at least one new opera. which
she should have twelve days to learn
If she fell sick she was to have no
power to object to the singing of her
parts by other singers or to refuse to
sing them after her recovery; nor was
\ she to make other use Of her talents
in any public or private place. In not
complying with the contract or star1s
/ ing on the day ordered. she was bound
/ to nav the whole amount, not as fine.
but as liquidated damages There were
other provisions relating to wardrobe.
sickness, passes. ETC.. and the right
to cancel the contract was given to the
manager if he should be injured by
her misconduct
Lerner fled a like suit against
Ernesto Coli for $4,000. Coli was
promised 800 for each OF twenty-four
performances
After the suits were filed the
Sheriff's Office levied upon the music.
instruments and other visible things
at the Tivoli which may or may not be
the property of the vocalists named in
the actions.