"And
now comes the plaintiff, William T. Blaine, and for cause of
action states that the defendant Publishers George Knapp & Company, is and was at the time herein mentioned, a
corporation duly organized under the laws of the State of
Missouri for the object of printing and publishing
newspapers, periodicals, and books, and doing a general
business in job and all other kinds of printing and book
binding, in the city and county of St. Louis and State of
Missouri. That on the second day of December, A. D. 1889, the
said defendant was, among other things, engaged in printing
and publishing in said city of St. Louis a daily newspaper
styled The St. Louis Republic, generally known as
the Republic, and referred to in the contract
hereinafter set out, under that name and abbreviation. That
on the date last aforesaid plaintiff and defendant entered
into a written contract, which is herewith filed and marked
'Exhibit A.' wherein and whereby plaintiff agreed, in
consideration of the agreements and undertakings therein on
the part of defendant to be done and performed, to render his
services to defendant as the principal city advertising
solicitor of the defendant, for a period of ten years from
and after the first day of January, A. D. 1890; and wherein
and whereby defendant, in consideration of the agreements
therein on the part of plaintiff to be performed, agreed to
pay the plaintiff for his services during the first year of
his said employment the sum of $ 4,000, and
thereafter, during the remaining nine years thereof, $ 5,000
per annum; all to be paid in equal weekly
installments; and also further agreed to increase the
aforesaid salary and compensation to the extent of $ 1,000
per annum, if at any time the character of the work done by
plaintiff, or the extent of increased business secured
defendant by him, fairly justified or was reasonably worth
the amount of said increase of salary, which said written
contract is in words and figures as follows, to wit:
"'St.
Louis, Mo., December 2, 1889.
"'Mr.
W. T. Blaine:
"'That
the nature and tenure of your employment and the compensation
therefor may be clearly understood, I will state the
conditions, as follows:
"'I
have agreed that you are to be employed for the period of ten
years, beginning January 1, 1890, as the principal city
advertising solicitor of the Republic, and to
receive for your services during the first year the sum of
four thousand dollars, and thereafter five thousand dollars
per annum for the remaining nine years, which will
be paid you in equal weekly installments.
"'This
offer is conditioned upon your agreement to remain in the
position of city advertising solicitor of the
Republic for the period of ten years, as named,
giving your entire time and attention to the duties
ordinarily and properly falling to the city advertising
solicitor, and not to engage in any other business or
occupation which may distract your attention, but to
faithfully, studiously and honestly attend to the legitimate
duties of your position of city advertising solicitor to the
best of your ability.
"'And
I further agree that you will be given every opportunity,
advantage and facility to handle the large city business of
the Republic to the best advantage of
the Republic and creditably and favorably to your
own interests.
"'I
have also agreed that you shall have a vacation of one month
each year, at such time between June 1 and September 1 as may
cause the least inconvenience to the business interests of
the paper.
"'
The salary herein provided represents the largest amount the
management of the Republic believe should be paid
anyone for the duties you will be called upon to perform as
city advertising solicitor, but if at any time the character
of your work, or the extent of increased business you may
secure, may fairly justify a change of mind on the part of
the conductors of the paper, I take pleasure in agreeing that
an increase of one thousand ($ 1,000) per annum
shall be made in your salary.
"'This
agreement shall be in force whenever your signature is
attached in attestation of your acceptance of its conditions.
"'(Signed)
Chas. W. Knapp,
"'Publisher
of the Republic.
"'Accepted:
(Signed) Wm. T. Blaine.'
"Plaintiff
further states that afterwards, to wit, on the first day of
January, A. D. 1890, he entered upon the performance of said
contract and performed and continued to perform and comply
with all of the provisions and conditions thereof, on his
part to be done and performed, up to and until, to wit, the
twenty-second day of March, A. D. 1893, when by and with the
consent of defendant he ceased to render further service
thereunder. Plaintiff avers that service rendered by him to
defendant under said contract, was of the highest and best
order and of an unusual character, most fitted to
successfully and profitably effectuate the object and purpose
thereof; that by his said service the amount and volume of
business done by defendant, by way of
advertisements in said newspaper, was increased at least
sixty thousand dollars annually for each and every year of
said employment, to the great profit of defendant; and that
the rates paid defendant for said advertisements were
increased from time to time over what the defendants'
rates or charge for like advertising had been immediately
before the time of said employment at least seventy-five
per centum and that the amount of space used by said
advertisers was also increased at least seventy-five per
centum, all to the great profit of defendant, whose
total net profit from said advertising business was, by means
of plaintiff's said services, increased per
centum, annually, on the average, during said term of
service. That at all times during plaintiff's employment
the work and service rendered defendant by the plaintiff,
under and in compliance with said contract and the amount of
business, as well as the profits thereof, secured defendant
thereby, fairly justified and is and was reasonably worth an
increase of $ 1,000 per year in the salary or compensation to
be paid and payable plaintiff by the defendant, under the
terms and condition of said contract; that at the time
plaintiff ceased to render defendant his service as
aforesaid, there was due and payable to plaintiff from
defendant, under the terms of said contract, for his said
services, the sum of $ 3,234, payment of which plaintiff then
demanded of the defendant; but that said defendant refused
and still refuses to pay the same or any part thereof, to
plaintiff's damage in the sum of $ 3,234, for which, with
interest as allowed by law, plaintiff prays judgment with all
other necessary and proper relief."
