Smith v. La Farge

SALSMAN, J. Appellant, Tyler Henry Smith II, brought this action to recover damages for breach of a written contract. After hearing the evidence the trial court entered judgment in the sum of $13.20. For reasons hereafter stated we have concluded that the judgment must be affirmed.

Appellant operates a private employment agency. In late 1962 respondent sought his aid in finding a job. The parties entered into a written agreement wherein respondent agreed to [808]pay appellant $120 for information by which she could secure a bona fide employment interview. Appellant supplied such information and as a result thereof respondent obtained an interview and secured employment with the New York Life Insurance Company. The employment lasted 10 days. Respondent’s total wages were $132. Appellant demanded payment of the $120 fee stipulated in the written agreement but respondent refused to pay. Appellant then brought the matter before the Labor Commissioner who determined that respondent should pay a fee of $13.20. Thereafter appellant .filed an action in the superior court as allowed by Labor Code section 16471 seeking a trial de novo. As we have noted, the trial court’s judgment fixed appellant’s damages in the same amount as that determined by the Labor Commissioner.

Appellant’s complaint states but one cause of action. It seeks damages only for breach of the written contract. No cause of action is stated for recovery in quantum meruit. We have concluded that the written agreement which forms the sole basis for the action is illegal and that it cannot support an award of damages for its breach in any amount.

The written agreement contains this language: “-. . . for the below stated correct information which shall enable the undersigned [respondent] ... to secure a bonified [sic] employment interview for the below stated position . . . undersigned customer(s) [respondent] promise to pay to the order of [appellant] . . . The sum of $120. ...” It is readily apparent from this language that all appellant need do to earn the fee agreed to be paid is to make a reference of respondent to an employer and that respondent obtain a bona fide job interview.

Under the contract, actual employment of respondent would be unnecessary to appellant’s right to claim the fee, and if employment resulted from the interview, the fact that it might be of short duration would be no defense against appellant’s assertion of his right to the entire fee. We think the contract as written violates the provisions of the Labor Code