Foxx

Plaintiff Redd Foxx, an entertainer in nightclubs and on phonograph records, brought this action against Walter D. Williams, Jr., Dootone Record Manufacturing, Inc., and others, for a declaration of rights, accounting, and other relief under a written contract called “Artist Recording Royalty Agreement.” Dootone cross-complained against Foxx to recover moneys paid by mistake, for damages, and for an injunction to prohibit breaches of the contract. After a court trial, judgment was entered declaring the rights of the parties, awarding a money judgment in favor of cross-complainant for overpayments, and enjoining Foxx. We have here Foxx’ appeal from the judgment.

In the latter part of 1955, while Foxx was performing at the Club Oasis in Los Angeles, defendant Williams suggested that he be allowed to record Foxx’ comedy routine there and find out if phonograph records made therefrom would be salable. Foxx had been a performer for many years but had never made a successful phonograph record. His one previous attempt had sold about 40 copies. Williams was established in the record manufacturing and distributing business, being the president and sole stockholder of defendant Dootone…