Levy

Levy v. Bellmar Enterprises

Good Law
1966 Cal. App. LEXIS 1288·241 Cal. App. 2d 686·50 Cal. Rptr. 842
Court of Appeal of CaliforniaApril 25, 1966Civ. 29324California1,652 words

Opinion

Opinion

Herndon, J.

Plaintiff appeals from the judgment of dismissal entered after the trial court had sustained respondents’ demurrers to the third amended complaint filed herein.

By his original complaint appellant sought to recover from respondents under the theory that he was a third party beneficiary of a “written agreement of joint venture” entered into by the respondents. It was alleged that respondents had agreed among themselves to form a joint venture to develop a series of television shows starring Joey Bishop and that their written agreement provided in part as follows: “Jerry Levy is to be employed by the Venture as Associate or Assistant Producer at a compensation of Three Hundred and Fifty Dollars ($350.00) for each new program. The Venture agrees to accord Levy credit as Associate or Assistant Producer on the positive prints of each program which credit shall be the normal and reasonable credit afforded to an Associate or Assistant Producer and need not be on a separate card. ”

The complaint further alleged that the defendants, pursuant to the terms of their written agreement, di'd employ appellant at the agreed compensation; that he performed the required services until November…

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