Cullen

J.-—In this action Cullen and Associates, Inc., a corporation, seeks recovery of a balance claimed to be due for public relations services rendered and expenses incurred in behalf of a candidate for public office. The defendants are *594 Harold J. Powers, who was a candidate for reeleetion as Lieutenant Governor in 1958, and his campaign manager, John F. McCarthy.

The material issues were defined in a joint pretrial statement and order; it was agreed that plaintiff was employed by McCarthy, acting as campaign manager for Powers, and rendered the services as agreed. Plaintiff contended the employment was for a fixed fee of $20,000 plus campaign expenses incurred by plaintiff and that $13,001.76 remained due and unpaid. Defendants contended the agreement was for a maximum fee of $20,000 and expenses, but that payment was conditioned upon the receipt of campaign funds in an amount sufficient to meet the obligation to plaintiff “and conduct the campaign properly,” and that plaintiff was paid the amount of funds available in accordance with the agreement. The pretrial order was modified to state the contention of defendants that J. Victor Manning was a partner or joint adventurer with…