Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following, if true, would adversely affect Bertha's rights in her action against Albert?
Albert could not find any substitute except Helen, who demanded a contract for a minimum of six months if she was to perform at all.  Helen, by general acclaim, was much better in the role than Bertha had been. 7  Albert had offered Bertha a position as Helen's understudy at a salary of $100 a week, which Bertha declined.  Albert had offered Bertha a secretarial position at a salary of $300 a week, which Bertha declined