Hurwitz v. Parkway Country Club, Inc.
| Decision Date | 21 February 1962 |
| Citation | 343 Mass. 661,180 N.E.2d 94 |
| Parties | Hy HURWITZ v. PARKWAY COUNTRY CLUB, INC. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Louis Karp, Boston, for defendant.
Albert R. Mezoff, Boston, for plaintiff.
Before WILKINS, C. J., and SPALDING, WILLIAMS, WHITTEMORE and SPIEGEL, JJ.
This is an action of contract in which the plaintiff is a sports writer for a well known Boston daily newspaper and the defendant a corporation which owns and operates a golf club in Canton known as the Blue Hills Country Club. There was evidence that in the spring of 1955, the plaintiff told one Sidney Covich, vice-president of the defendant, that he could obtain or help place the 1956 Professional Golfing Championship of America at a local club. Covich replied that he would discuss the matter with his 'partners' and requested the plaintiff to obtain forms of contracts relating to the tournament. The plaintiff obtained the forms and delivered them to Covich. In the summer of 1955, the plaintiff attended a meeting of the club at which Covich, Joseph Corkin, president of the club, and his two brothers were present. The Corkin brothers were introduced as 'partners' of Covich and officers of the defendant corporation. The officers agreed to take on the tournament. The plaintiff said 'that since the defendant club was not owned by the members themselves, it would be unlikely that there would be a hundred percent coperation from the membership, and that there would be a great work load.' Joseph Corkin said, 'Well, you're the guy getting the tournament, you do the work.' The plaintiff replied, The Corkins and Covich replied, The plaintiff arranged for the tournament, was named tournament director, and was given an office in the Boston Chamber of Commerce in July, From August, 1955, until the tournament in July, 1956, he made necessary arrangements for the tournament and had fifty to sixty conferences with representatives of the defendant. In the late winter or early spring of 1956, the plaintiff told Covich that he would like to receive a $5,000 guaranty, plus a percentage of profits which might accrue as a result of the tournament. Covich said it was all right with him if it was all right with the Corkins. The plaintiff saw the Corkins and also told them what he wanted. Joseph Corkin said, The plaintiff said, 'well, this had been an understanding for sometime now, but I'd like to get something in writing.' Joseph Corkin called in a man who had worked for the Corkins for ten to twelve years and asked him if he ever had a contract in writing from the Corkins. The man said 'no' and Corkin asked the plaintiff if that answer was not good enough for him. The plaintiff said it was and did not obtain anything in writing to state that his guaranty was $5,000 with an additional percentage of the profits. In May or June, 1956, the plaintiff requested money from the defendant 'in advance for my work in the tournament.' He received $1,000 and asked, to which the reply was
After the tournament, he sent a bill to the defendant for $4,000. At a conference with Covich about getting the money Covich told him, 'Well, you did a wonderful job,' and told him to see the Corkins. Joseph Corkin denied owing him any money and said 'they wanted to make a settlement with me.' The defendant asked that the answer be struck and the judge ruled, 'He may have the talk, not as respects the settlement, any admissions that might have been made are admissible.' The plaintiff answered that Corkin said, 'Why don't we give you another thousand dollars and let's call this thing off and I said, 'I am owed four thousand dollars.'' To the refusal of the court to strike this answer out, the defendant excepted. After a short recess, the judge told the jury: In procuring and staging the tournament, the plaintiff spent about 200 days from July, 1955, to July, 1956. On some of these days he spent two hours and on other days twenty hours. As of November 21, 1960, he had not been paid. Covich testified that the plaintiff was to get $1,000 for his work and a free family membership at the club.
In his action of contract the plaintiff joined the corporation, Alvan Corkin, Herbert Corkin, Joseph Corkin, and Sidney Covich as defendants. At the trial, he waived all counts of his declaration except 1 and 2 which were against the corporation. In count 1 the plaintiff alleged that the defendant contracted to pay him a minimum sum of $5,000. Count 2 was on an account annexed, item 1 of the account being for $5,000 without further description. The plaintiff specified (1) that the contract alleged in count 1 was entered into in the spring or early summer of 1955; (2) the contract alleged in count 1 was oral; (3) the plaintiff rendered the services alleged by him in count 2 between June, 1955, and July 20, 1956. The defendant did not move for a directed verdict or submit requests for instructions on either count. The jury returned a general verdict for the plaintiff in the amount of $4,580.
The defendant excepted to the admission of evidence respecting the talk about settlement and to the following portion of the instructions to the jury: ...
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