Fisher v. Congregation B'nai Yitzhok

Rule of Law:

Where parties contract with a common understanding based on a well-established, invariable, and fundamental custom or usage, that custom is considered an implicit and binding term of the contract, even if not explicitly mentioned in the written agreement.

Facts:

• An ordained orthodox rabbi-cantor (Plaintiff) responded to an advertisement from an incorporated Hebrew congregation (Defendant) for a cantor position during the 1950 High Holiday season.
• The Defendant's charter specified its purpose was worship according to the orthodox Jewish religion, and it had historically conducted its services accordingly.
• On June 26, 1950, Plaintiff and Defendant entered into a written contract for the Plaintiff to officiate at six services for a fee of $1,200.
• A fundamental practice of orthodox Judaism, which the Defendant had always observed, required the separation of men and women during worship services.
• On July 12, 1950, after the contract was signed, the congregation voted to change its practice and permit mixed seating of men and women in most of its new synagogue.
• Upon learning of this change, the Plaintiff informed the Defendant that he could not perform his duties, as officiating in a synagogue with mixed seating would violate his orthodox beliefs.
• The Defendant did not reverse its decision on mixed seating, and the Plaintiff subsequently refused to officiate as cantor.

Procedural Posture:

• Plaintiff sued the defendant congregation in a trial court for the balance of the contract price ($1,100).
• The case was tried before a judge without a jury, but the judge died before issuing a decision.
• By agreement of the parties, another judge decided the case based on the notes of testimony from the trial.
• The second judge found for the Plaintiff in the sum of $1,100 plus interest, and the court entered a judgment on that finding.
• The defendant congregation (appellant) appealed the judgment to the Superior Court of Pennsylvania.