Cornell v. Hollywood Turf Club

WOOD, J.

Defendant Hollywood Turf Club appeals from a judgment awarding plaintiff $4,147.33, the amount unpaid upon a contract for the employment of plaintiff for the period of one year at a salary of $125 per week. Plaintiff commenced work on September 21, 1936, and his services were discontinued on January 18, 1937, without fault on his part. The amount awarded was for plaintiff’s compensation during the remainder of the period, less certain sums which plaintiff earned elsewhere.

The appellant corporation authorized its president, Alfred E. Green, to employ a publicity director to assist in the promotion of the affairs of the corporation, the object being to open a race track in July, 1937. Mr. Green met Mark Kelly, a sports writer, and discussed the availability of plaintiff, who was then employed by United Artists Theatre in San Francisco at a salary of $125 per week. Mr. Green told Mr. Kelly that he would pay plaintiff the sum of $125 per week plus expenses and would guarantee him a year’s em

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ployment and asked Mr. Kelly to “contact” plaintiff on the subject. Mr. Kelly thereupon communicated with plaintiff and discussed with him the terms of the proposed employment. Mr. Kelly was also asked by Mr. Green to communicate with Harry Brand, who was at that time in position to give permission to plaintiff to leave the service of United Artists Theatre. Mr. Green later communicated with Mr. Brand, who testified at the trial: “Mr. Green said to me, ‘We cannot pay him $150 a week. We can just pay him what you are paying him, the United Artists, $125 a week.’ I said, that wasn’t quite fair to Mr. Cornell because he was doing a good job, meaning he ought to give him an increase. Mr. Green promised if at the end of the year he did a fine job he would increase his salary to $150 a week.” Following these conversations a series of six telegrams passed between plaintiff and Mr. Green. These telegrams follow:

“San Francisco Calif 1 1056A 1936 Sep 1 AM 11 31 A1 Green Columbia Studios Hollywood Calif Harry Relayed Proposition to Me My Understanding $125 a Week With Legitimate Expenses and Increase When Track Opens if I do the Job You Expect Thats OK With Me and Thanks Please Wire Me Confirmation by Western Union Here so That I can Arrange to Leave When do you Want Me Duffy Cornell United Artists Theatre-