Baer v. Lorimer

[678]

THOMPSON, J.

On October 6, 1930, the plaintiff, Max Baer, entered into a contract with the defendants, wherein he agreed to place himself under the management of defendants and to take part in all boxing contests, vaudeville and theatrical performances required by the defendants and arranged by them. It was further agreed that defendants engaged “the sole professional services” of plaintiff for such contests and exhibitions. The contract was to continue until February 29, 1936, with the proviso that defendants should have the option to extend it for the further period of five years upon payment of $5,000 before February 29, 1936. The parties agreed that the net proceeds of all such contests and exhibitions should be divided one-half thereof to plaintiff and one-half thereof to defendants, except that from such contests conducted in cities or states where the law requires a party to take less compensation than that provided for in the agreement then “as soon as thereafter permitted by law” it shall be increased by such amount as will adjust the compensation received to that provided for. It was also covenanted that plaintiff would faithfully carry out the terms of the agreement, and not participate “in any boxing contests, athletic contests, exercises or performances”, except as directed by the defendants, it being recited by the parties that the services of plaintiff “are exceptional, extraordinary and unique and that this contract shall not be terminated except by the mutual consent of the respective parties ... in writing or bjr decree of court ...” Defendants guaranteed plaintiff that his share of the net proceeds should be “not less than five hundred ($500.00) for each and every year of the contract ...” Finally, there was a paragraph which provided that if any provision of the contract was found to be unlawful “the performance of such unlawful portion” might be waived by the party to whom performance was due thereunder, and the remaining portions remain in full force and effect.

Differences arose between the parties, and on November 12, 1931, plaintiff gave defendants a notice purporting to cancel and terminate the contract, specifying thirteen different reasons which he claimed justified his refusal to continue with the agreement, including various alleged breaches

[679]