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Tosti v. Giamis

Decided: January 26, 1934.

SALVATORE TOSTI, PLAINTIFF-APPELLANT,
v.
NICOLA GIAMIS, GIUSEPPE BATTIATO AND VINCENZO DELISE, DEFENDANTS-APPELLEES



On appeal from the East Orange District Court.

For the appellant, Joseph A. Fuerstman (Maxwell M. Albach, of counsel).

Before Justices Parker, Lloyd and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. This case comes before us on plaintiff's appeal from a judgment rendered in favor of the defendants. The agreed state of case discloses the following facts: Defendants, Committee of the Feast of St. Cataldo, entered into a written contract with the plaintiff, made up of two separate parts, one signed by the committee and the other signed by the plaintiff, as follows:

"We, the undersigned, Committee Feast of St. Cataldo, do obligate to pay to Mr. Salvatore Tosti, the sum of $225.00 two hundred twenty-five dollars to furnish a band of 22 musicians including the band master, for the Feast of St. Cataldo, which is to be celebrated in 14th Avenue on the 4th and 5th of September.

The band during the procession of Monday must be divided in two. Hours of both of the days from 9 A.M. to 12 P.M. with regular rest. In these two days the band is at the disposition of the Feast Committee.

Newark, N.J.

August 17, 1932.

NICOLA GIAMIS,

VINCENZO DOLISI,

GIUSEPPE BATTIATO.

Committee of Feast of St. ...


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