Cornell

Defendant Hollywood Turf Club appeals from a judgment awarding plaintiff $4,147.33, the amount unpaid upon a contract for the employment of plaintiff for the period of one year at a salary of $125 per week. Plaintiff commenced work on September 21, 1936, and his services were discontinued on January 18, 1937, without fault on his part. The amount awarded was for plaintiff’s compensation during the remainder of the period, less certain sums which plaintiff earned elsewhere.

The appellant corporation authorized its president, Alfred E. Green, to employ a publicity director to assist in the promotion of the affairs of the corporation, the object being to open a race track in July, 1937. Mr. Green met Mark Kelly, a sports writer, and discussed the availability of plaintiff, who was then employed by United Artists Theatre in San Francisco at a salary of $125 per week. Mr. Green told Mr. Kelly that he would pay plaintiff the sum of $125 per week plus expenses and would guarantee him a year’s em ployment and asked Mr. Kelly to “contact” plaintiff on the subject. Mr. Kelly thereupon communicated with plaintiff and discussed with him the terms of the proposed employment. Mr. Kelly was…