Procedural Posture

Procedural Posture

Appellant vocalist challenged the judgment of the Superior Court of the City and County of San Francisco (California), which sustained the demurrer filed by respondent corporation in her breach of contract action for dismissing her from the corporation’s choir without giving her notice.

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The corporation engaged the vocalist as contralto vocalist of its choir. Their contract provided that either party could terminate the engagement upon a six-month notice to the other party. The vocalist alleged that she was dismissed without any notice and that she was humiliated, suffered great mental agony, and had been sick in mind and body. The court held that her action was one for breach of contract. The measure of damages for breach of contract was the amount that would compensate her for all the detriment proximately caused by the breach, or which in the ordinary course of things would have likely resulted therefrom. The injury to her health, feelings, or reputation would not be proximately caused by her wrongful dismissal, nor would it be likely to result in the ordinary course of things. If the vocalist had been receiving wages, and lost her position with no fault on her part and without notice, and did not succeed in getting another position in which she made as much wages after reasonable effort on her part, she should be compensated. Because she stated no such case, she was entitled to nothing upon the facts stated. The court sustained the demurrer.


The court affirmed the judgment sustaining the demurrer.