Lindsay Mendez in Merrily We Roll Along- Page 4
Lindsay Mendez in Merrily We Roll Along
Owen22
Broadway Legend Joined: 2/24/11
#75Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 1:44pm
TaffyDavenport said: "Owen22 said: "MezzA101 said: "https://playbill.com/article/tony-winner-lindsay-mendez-announces-engagement"
Well, this is lovely for her...but I'm not sure how it relates to her missing shows or being/not being okay.."
So, you're wondering why someone put Lindsay Mendez news on a Lindsay Mendez thread, news which actually does relate to whether or not she's doing ok? At least they didn't start a new thread for it. Now, if only we could get her to announce her scheduled absences, that would be great."
The "Is Lindsay Mendez okay?" moniker of this thread implies she is NOT okay, in that something mental or physical is keeping her from her job. This Playbill article does not apply to THAT.
Springtime
Understudy Joined: 11/15/22
#76Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 3:28pm
She has missed all three shows so far this week and has now missed 37 shows since opening (over a third of all performances).
Updated to add in the Wednesday evening performance. (She missed the Wednesday and Friday matinees last week but was back for the Saturday matinee.)
JSquared2
Broadway Legend Joined: 3/23/17
#77Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 4:00pm
Springtime said: "She has missed both shows so far this week and has now missed 36 shows since opening (over a third of all performances)."
Kinda sad that you're "keeping score".
#78Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 4:25pm
Owen22 said: "TaffyDavenport said: "Owen22 said: "MezzA101 said: "https://playbill.com/article/tony-winner-lindsay-mendez-announces-engagement"
Well, this is lovely for her...but I'm not sure how it relates to her missing shows or being/not being okay.."
So, you're wondering why someone put Lindsay Mendez news on a Lindsay Mendez thread, news which actually does relate to whether or not she's doing ok? At least they didn't start a new thread for it. Now, if only we could get her to announce her scheduled absences, that would be great."
The "Is Lindsay Mendez" moniker of this thread implies she is NOT okay, in that something mental or physical is keeping her from her job. This Playbill article does not apply to THAT."
Get a grip
Springtime
Understudy Joined: 11/15/22
#79Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 4:35pm
The producers aren't being accountable as they are yet to report any of her absences.
#80Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 6:17pmI went to the matinee on Saturday 12/30, and was expecting that she'd be out because of reports here that she doesn't do matinees, but she was in and sounded great. I was especially psyched because I saw it off-Broadway exactly one year before that and she was out for that show. I did love Jamila Sabares-Klemm's performance (and my husband actually preferred her) but it was nice to be able to see the full cast.
#81Lindsay Mendez in Merrily We Roll Along
Posted: 1/3/24 at 10:58pm
Hmm since Lindsay Mendez is above title, if the producers do not exercise their due care and inform the audience that Mendez would be out reasonably ahead of time, they would probably be required to refund an audience member for frustration of purpose even if the person has sit through the show, citing Krell v. Henry.
#82Lindsay Mendez in Merrily We Roll Along
Posted: 1/4/24 at 1:16am
Dancingthrulife2 said: "Hmm since Lindsay Mendez is above title, if the producers do not exercise their due care and inform the audience that Mendez would be out reasonably ahead of time, they would probably be required to refund an audience member for frustration of purpose even if the person has sit through the show, citing Krell v. Henry."
Attendees are informed of cast absences through the usual methods (Playbill insert/houseboard) and anyone who wants a refund can request one. That said, idk how many people are opting for it since the show is effectively sold out and buying a new ticket might not be possible, etc.
Per the cited case, are they required to tell patrons they can receive a refund - even if they sit through the show? And what is "reasonably ahead of time"? Is the above standard of "when you get there" falling short? If so, the entirety of Broadway is falling short...
#83Lindsay Mendez in Merrily We Roll Along
Posted: 1/4/24 at 1:27am
veronicamae said: "Dancingthrulife2 said: "Hmm since Lindsay Mendez is above title, if the producers do not exercise their due care and inform the audience that Mendez would be out reasonably ahead of time, they would probably be required to refund an audience member for frustration of purpose even if the person has sit through the show, citing Krell v. Henry."
Attendees are informed of cast absences through the usual methods (Playbill insert/houseboard) and anyone who wants a refund can request one. That said, idk how many people are opting for it since the show is effectively sold out and buying a new ticket might not be possible, etc.
Per the cited case, are they required to tell patrons they can receive a refund - even if they sit through the show? And what is "reasonably ahead of time"? Is the above standard of "when you get there" falling short? If so, the entirety of Broadway is falling short..."
Well, reasonableness is a matter of fact, which means that a jury usually decides this rather than a judge. There's certainly an arguable contracts case here that just waits for someone to bring suit.
#84Lindsay Mendez in Merrily We Roll Along
Posted: 1/4/24 at 3:08am
"Per the cited case, are they required to tell patrons they can receive a refund - even if they sit through the show? And what is "reasonably ahead of time"? Is the above standard of "when you get there" falling short? If so, the entirety of Broadway is falling short..."
The cited case is an entirely different situation and isn't even an American one. It's an interesting idea tho, citing frustration of purpose. I wonder if anyone has tried that in this specific situation (Broadway in general not this revival of Merrily).
Jesus saves. I spend.
inception
Broadway Legend Joined: 11/2/13
#85Lindsay Mendez in Merrily We Roll Along
Posted: 1/4/24 at 3:08am
Last March when I had tickets to performances of Funny Girl & Sweeney Todd that the stars called out sick I received emails a couple hours ahead of time, with clear instructions on what to do if I wished a refund. I decided to attend Sweeney Todd anyways and outside the theatre staff were going up & down the line making sure people knew that Josh Groban was out.
Are the producers of Merrily doing the same? Are they sending out emails before showtime, or only putting slips in the playbill & using the call board?
When I saw Merrily 2 weeks ago I saw a slip in the Playbill when I sat down, and my heart fell until I realized it was just a note about which child actor was playing Frank Jr. that night.
...
dramamama611
Broadway Legend Joined: 12/4/07
#86Lindsay Mendez in Merrily We Roll Along
Posted: 1/4/24 at 5:32am
inception said: "
Are the producers of Merrily doing the same? Are they sending out emails before showtime, or only putting slips in the playbill & using the call board?"
They aren't required to do so. But with a star as big as Groban, they're trying to make it easier on themselves by going overboard on the announcements.
As to the case cited here, if it's not from an American court, I'm fairly certain it doesn't matter here. (But I'm not a lawyer, obviously.)
If we're not having fun, then why are we doing it?
These are DISCUSSION boards, not mutual admiration boards. Discussion only occurs when we are willing to hear what others are thinking, regardless of whether it is alignment to our own thoughts.
#87Lindsay Mendez in Merrily We Roll Along
Posted: 1/4/24 at 4:00pm
Well in the realm of the common law, classic cases (which Krell v. Henry is) do matter as they laid down the foundation of the substantial body of law that the U.S. legal system has adopted. Even the recent SC opinion of Dobbs v. Jackson Women's Health Institution cited 13th Century English common law in its analysis. You'll be surprised by how many English cases you'll read if you go to law school.
A recent example of Krell v. Henry being cited:
Defendant's last remaining defense—frustration of purpose—is a creature of the common law. Unlike commercial impracticability, which looks to the effect of unforeseen contingencies on the burden of performing a contract obligation, the frustration of purpose doctrine looks to the effect of such contingencies on the parties' reasons for entering into an agreement in the first place. Where an unforeseen contingency substantially frustrates the "'principal purpose of [*19] [a] party'" in entering into a contract, it may justify non-performance by that party. Convenience Store Leasing and Mgmt. v. Annapurna Marketing, 2019 WI App 40, ¶ 16, 388 Wis. 2d 353, 363, 933 N.W.2d 110, 115 (Wis. Ct. App. 2019).
The doctrine is best illustrated with an example. In Krell v. Henry, "[o]ne of the earliest cases of frustration of purpose," Chi., Milwaukee, St. Paul & Pac. R.R. Co. v. Nw. Transp. Co., 82 Wis. 2d 514, 522, 263 N.W.2d 189, 193 (Wis. 197
, the defendant leased an apartment with a window overlooking the route of King Edward VII's coronation parade. [1903] 2 K.B. 740, 740-41 (AC). The lease agreement was consummated through the exchange of two letters, neither of which "mention[ed] the coronation." Id. at 741. Indeed, the letters "sp[oke] merely of" defendant's agreement to lease—at the price of 75 pounds—plaintiff's apartment during "the daytime" hours of June 26 and June 27, 1902. Id. at 749. After the contract was executed, the King took ill, and the coronation parade was cancelled. Id. at 740. Because defendant no longer had any reason for using the apartment, he refused to honor the lease. The tenant sued and the trial judge found for the defendant. Id. at 740, 742.
In affirming that decision, the Court of Appeal found that the defendant's facially unambiguous agreement to lease the apartment was qualified by an implied understanding that the defendant's sole purpose in leasing the apartment was to watch the coronation parade. Id. at 751-52. It reasoned that it was not "in the contemplation [*20] of the contracting parties, when the contract was made, that the coronation would not be held on the proclaimed days," and, consequently, held that the express "words imposing on the defendant the obligation to accept and pay for the use of the rooms for the named days, although general and unconditional, were not used with reference to the possibility of the particular contingency which afterwards occurred." Id. at 750. The defendant's duty to perform his end of the bargain was, accordingly, discharged.
Since Krell, the frustration of purpose doctrine has become firmly rooted in American common law tradition. In 1978, the Wisconsin Supreme Court formally adopted the doctrine, as articulated by a tentative draft of Section 265 of the Second Restatement of Contracts. Wm. Beaudoin & Sons, Inc. v. Milwaukee Cty., 63 Wis. 2d 441, 448, 217 N.W.2d 373, 377 (Wis. 1974); see also Pacific Railroad, 82 Wis. 2d at 521-22, 263 N.W. 2d at 193. That draft provided that
Where, after a contract is made, a party's principal purpose is substantially frustrated without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made, his remaining duties to render performance are discharged, unless the language or the circumstances indicate the contrary.
Romans v. Orange Pelican, LLC, No. 22 CV 4169, 2023 U.S. Dist. LEXIS 64935, at *18-20 (N.D. Ill. Apr. 13, 2023)
Owen22
Broadway Legend Joined: 2/24/11
#88Lindsay Mendez in Merrily We Roll Along
Posted: 1/6/24 at 7:43pm
TotallyEffed said: "Owen22 said: "TaffyDavenport said: "Owen22 said: "MezzA101 said: "https://playbill.com/article/tony-winner-lindsay-mendez-announces-engagement"
Well, this is lovely for her...but I'm not sure how it relates to her missing shows or being/not being okay.."
So, you're wondering why someone put Lindsay Mendez news on a Lindsay Mendez thread, news which actually does relate to whether or not she's doing ok? At least they didn't start a new thread for it. Now, if only we could get her to announce her scheduled absences, that would be great."
The "Is Lindsay Mendez" moniker of this thread implies she is NOT okay, in that something mental or physical is keeping her from her job. This Playbill article does not apply to THAT."
Get a grip"
I will get a grip when you stop being pedantic.
#89Lindsay Mendez in Merrily We Roll Along
Posted: 1/7/24 at 1:20am
Owen22 said: "TotallyEffed said: "Owen22 said: "TaffyDavenport said: "Owen22 said: "MezzA101 said: "https://playbill.com/article/tony-winner-lindsay-mendez-announces-engagement"
Well, this is lovely for her...but I'm not sure how it relates to her missing shows or being/not being okay.."
So, you're wondering why someone put Lindsay Mendez news on a Lindsay Mendez thread, news which actually does relate to whether or not she's doing ok? At least they didn't start a new thread for it. Now, if only we could get her to announce her scheduled absences, that would be great."
The "Is Lindsay Mendez" moniker of this thread implies she is NOT okay, in that something mental or physical is keeping her from her job. This Playbill article does not apply to THAT."
Get a grip"
I will get a grip when you stop being pedantic."
Do you know what pedantic means? Because if anyone’s being pedantic here, it’s you, not them. You’re saying that a comment doesn’t belong in a thread because of the specific wording of the thread title (which has now changed). That’s pedantic.
#90Lindsay Mendez in Merrily We Roll Along
Posted: 1/7/24 at 2:25am
They definitely have no idea what it means.
Owen22
Broadway Legend Joined: 2/24/11
#91Lindsay Mendez in Merrily We Roll Along
Posted: 1/7/24 at 11:41am
...okay...then how about "bitchy"...?
#92Lindsay Mendez in Merrily We Roll Along
Posted: 1/7/24 at 12:08pm
Owen22 said: "...okay...then how about "bitchy"...?"
Ah yes, the classic synonyms. Pedantic and bitchy. Practically interchangeable.
Springtime
Understudy Joined: 11/15/22
#93Lindsay Mendez in Merrily We Roll Along
Posted: 1/7/24 at 1:41pm
She has now missed 40 appearances in the run of 103 shows since opening, including four this week.
Updated On: 1/7/24 at 01:41 PM
In The Jackson Heights
Swing Joined: 4/11/22
#94Lindsay Mendez in Merrily We Roll Along
Posted: 1/7/24 at 2:43pm
Just got to the matinee and she is performing today.
Pashacar
Broadway Star Joined: 11/2/18
#95Lindsay Mendez in Merrily We Roll Along
Posted: 1/8/24 at 11:31am
Springtime said: "She has now missed 40 appearances in the run of 103 shows since opening, including four this week."
I feel for her with whatever she must be going through. But I also feel for the thousands buying exorbitant tickets each week. Appears that the producers are being greedy when they should just schedule an alternate.
JSquared2
Broadway Legend Joined: 3/23/17
#96Lindsay Mendez in Merrily We Roll Along
Posted: 1/8/24 at 12:01pm
Springtime said: "She has now missed 40 appearances in the run of 103 shows since opening, including four this week."
Do you stand at the stage door every day with a clipboard, keeping track?
jagman106
Stand-by Joined: 7/17/19
#97Lindsay Mendez in Merrily We Roll Along
Posted: 1/8/24 at 12:20pm
Question - If Lindsay Mendez is missing so many shows as people are saying, regardless of the reason, how might her absences affect her chances of being nominated for a Tony, and winning if she is nominated? I remember people saying that Donna Murphy's many absences from "Wonderful Town" 20 years ago hurt her chances of winning (although I think Tonya Pinkins deserved the award that season). I was lucky enough to see Lindsay in "Merrily," but among Radcliff and Groff, I thought she was the weakest of the three. She has her Tony for "Carousel," so I think the Tony voters may not think Lindsay is so deserving this time around.
#98Lindsay Mendez in Merrily We Roll Along
Posted: 1/8/24 at 7:13pm
The Tony nominating committee is small-ish, like 25 - 30 people I believe, maybe up to around 40 some years. They will often reschedule their attendance if a major actor is out, but not always. She will likely still be nominated. However, if she continues this attendance record, she has no chance of winning, since voters can only vote for actors they have seen.
Then again, she already has a Tony Award, so perhaps it isn’t that important to her.
annang
Broadway Star Joined: 10/9/16
#99Lindsay Mendez in Merrily We Roll Along
Posted: 1/9/24 at 1:12pm
Dancingthrulife2 said: "Well in the realm of the common law, classic cases (which Krell v. Henry is) do matter as they laid down the foundation of the substantial body of law that the U.S. legal system has adopted."
You're not a lawyer, are you?
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