
    Cyril V. Nichols, Respondent, v. Wharton, Incorporated, Appellant.
    
      Nichols v. Wharton, Inc., 179 App. Div. 62, affirmed.
    (Argued March 18, 1919;
    decided April 8, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The plaintiff, the assignee of one Edwin Arden, a moving picture actor, brought this action for damages alleged to have been sustained by reason of a breach of an oral contract of' employment claimed to have been entered into by Arden and this defendant. It was a theatrical engagement, and provided for services to be rendered by Arden as a moving picture actor in a production to be entitled “ Hazel Kirke.” That an agreement was entered into was not disputed, but there was a conflict in the testimony respecting its terms. The plaintiff claimed that Arden was hired for a definite term of four weeks at a weekly salary of $750, whereas the defendant maintained that Arden was hired only until the picture was completed.
    
      Edwin M. Simpson and William 0. Phlippeau for appellant.
    
      Paul N. Turner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  