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P contracted with Ds to 'play first old man and character business, at the Portland museum for thirty-six weeks, commencing on Sept. 6, 1875. Ds agreed 'to pay him thirty-five dollars for every week of public theatrical representations during the said season. Ds 'reserved the right to discharge any person who may have imposed on them by engaging for a position which, in their judgment, he is incompetent to fill properly.' P performed the contract without any suggestion of incompetency and was to receive the stipulated weekly salary, until the end of the eighteenth week. In the 18th week of the contract, Ds lowered the salary to $24 per week for the remainder of the time but P refused to accept the lower salary and was fired. P sued Ds for breach of contract. Ds claimed that the firing was for cause. The jury disagreed and found the firing was for P's refusal to accept a lower wage. Afterward being fired P received $60, for services a part of which was for an engagement at Booth's which was for eight weeks, from April 10, at $25 per week, but which he left ten days after, to attend this trial. The verdict was for P for $ 570. The jury only deducted $60 from the sum that would have been due if the contract had remained in full force, and P had continued in the service of Ds. Ds moved to set aside the verdict and also alleged exceptions.

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