Cullen v. Powers

SHINN, P. J.-—In this action Cullen and Associates, Inc., a corporation, seeks recovery of a balance claimed to be due for public relations services rendered and expenses incurred in behalf of a candidate for public office. The defendants are [594]Harold J. Powers, who was a candidate for reeleetion as Lieutenant Governor in 1958, and his campaign manager, John F. McCarthy.

The material issues were defined in a joint pretrial statement and order; it was agreed that plaintiff was employed by McCarthy, acting as campaign manager for Powers, and rendered the services as agreed. Plaintiff contended the employment was for a fixed fee of $20,000 plus campaign expenses incurred by plaintiff and that $13,001.76 remained due and unpaid. Defendants contended the agreement was for a maximum fee of $20,000 and expenses, but that payment was conditioned upon the receipt of campaign funds in an amount sufficient to meet the obligation to plaintiff “and conduct the campaign properly,” and that plaintiff was paid the amount of funds available in accordance with the agreement. The pretrial order was modified to state the contention of defendants that J. Victor Manning was a partner or joint adventurer with plaintiff, which was denied by plaintiff. Another issue was whether plaintiff had complied with the provisions of the Elections Code, sections 11620 et seq., which have to do with the payment of debts incurred as campaign expenses. Findings were in favor of defendants on both defenses and plaintiff appeals from the ensuing judgment.

The court found that defendants contracted with plaintiff and J. Victor Manning “as joint venturers,” to pay a reasonable fee, not to exceed $20,000 “conditioned upon the availability of funds in the said reelection campaign of defendant Powers with which to pay said reasonable fee. . . .,” also that plaintiff was paid $9,630.31 as full reimbursement for expenses and in addition a reasonable fee of $9,313.69, and that no further or additional funds were available with which to pay more.

We have concluded that the court correctly determined that defendants fully performed their contract with plaintiff and that their obligation was fully discharged.

McCarthy was campaign manager for Powers with authority to incur campaign expenses limited to and payable only from total campaign contributions. The agreement was entered into orally between McCarthy, as campaign manager, and plaintiff and Manning. As campaign manager McCarthy signed a writing appointing plaintiff agency for public relations work in the counties of Los Angeles, San Bernardino, Orange and San Diego. The writing did not state the amount plaintiff was to be paid for either services or expenses incurred.