Kirst

James Kirst and General Insurance Company (General) appeal the trial court’s dismissal of their cross-complaint against Ozzie Silna after sustension of his demurrer without leave to amend. We affirm.

Facts

In October 1969 Zelmo Beaty, a professional basketball player, contracted to play basketball for three years starting in October 1970 for Kirst, the then owner of the Los Angeles franchise of the American Basketball Association. Beaty’s agreed compensation for his 1970-1973 services included deferred compensation of $300,000 payable in 10 annual installments of $30,000 beginning January 1975. Kirst as principal and General as surety executed a bond to assure payment of this deferred compensation to Beaty.

In February 1970 Kirst sold his basketball team to Bill Daniels and assigned the 1970-1973 Beaty contract to Daniels. Daniels assumed Kirst’s obligations under the Beaty contract, moved the franchise to Utah, and assigned his interest, including Beaty’s contract, to Mountain State Sports, Inc. (the Stars), a corporation in which Daniels was the principal shareholder.

In December 1975 Daniels, the Stars, the Spirits of St. Louis Basketball Club, a limited…