Taylor v. Educational Broadcasting Corp.

NOURSE, P. J.

J.—Plaintiff sued to recover commissions on an alleged contract for personal services, and to recover damages for the breach of such contract. The cause was tried without a jury and defendant had judgment.

Plaintiff was a radio advertising sales agent. Defendant was owner and operator of radio station KROW. In September, 1934, plaintiff and defendant executed a written contract whereby the former was employed as agent to negotiate with the Italian Daily News for the purchase of radio time over station KROW at a fixed commission to be paid as moneys would be paid by the News. A contract was thereafter executed with the News whereby the latter agreed to pay the radio station $425 a month for a program of “entertainment and educational features in Italian and English with instrumental and vocal talent”. Said contract was to run for a period of six months, with the option with the News to extend it for an additional six months. Thereafter the plaintiff complained to defendant that their agreement for payment of commissions was indefinite in the event the option to extend was exercised and the parties thereupon executed an addenda to the original contract of employment, which reads as follows: “KROW agrees to permit George Taylor to renew or resell the Italian Daily News on expiration of existing contract, providing George Taylor can personally contact, negotiate, and service account. On such renewals, KROW agrees to fulfill the commission terms as above stated.”

On March 12, 1935, the contract with the Italian Daily News was supplanted by another contract covering the same broadcast hours at the same rate per month, and containing a proviso permitting the News to cancel the contract at the end of six months and to have the option to extend for an additional period of one year. In August of that year the plaintiff asked for and received a written statement from defendant reading as follows:

“We now hold a contract with the Italian Daily News dated March 12, 1935, payable $425:00 per month for station

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time, this contract expires April 1, 1936—a commission of 15% on all such payments has been assigned to you for your efforts in relation to this contract.

“In the event the Italian Daily News on or before April 1, 1936, should renew or extend this contract and such contract for renewal or extension is acceptable to the Educational Broadcasting Corporation, the Corporation agrees to continue to pay you on such renewal or extension beyond April 1, 1936, the commission of 15%.”