Johnson v. Kentucky Youth Research Center, Inc., 84-CA-526-MR

• Decision Date: 11 January 1985
• Docket Number: No. 84-CA-526-MR,84-CA-526-MR
• Citation: 682 S.W.2d 799
• Parties: Paris Frederick JOHNSON, Jr., Appellant, v. KENTUCKY YOUTH RESEARCH CENTER, INC., Appellee.
• Court: Kentucky Court of Appeals

Page 799

682 S.W.2d 799

Paris Frederick JOHNSON, Jr., Appellant, v. KENTUCKY YOUTH RESEARCH CENTER, INC., Appellee.

No. 84-CA-526-MR

Court of Appeals of Kentucky.

Jan. 11, 1985.

Kyle Citrynell Willock, Louisville, for appellant.

William J. Gallion, Lexington, for appellee.

Before COMBS, WHITE and DUNN, JJ.

DUNN, Judge.

This appeal is from the Franklin Circuit Court Order dismissing appellant Fred Johnson's complaint, which sought equitable enforcement of his rights regarding the production of a documentary in conjunction with appellee, KYRC.

Appellant Johnson is a videographer, independent producer and media consultant. Appellee KYRC is a Kentucky not-for-profit corporation.

On July 31, 1981, appellee KYRC submitted a grant application to the Kentucky Humanities Council for funds to produce a documentary about Dr. Cratis Williams, an Appalachian scholar. Jo Zingg, an employee of KYRC, prepared the grant application in collaboration with several people, including appellant. Appellant's name does not appear on the grant application, but is mentioned in a budget attached in connection with "Open Systems," a name appellant used for business purposes, as filmer of the documentary.

In December, 1981, the Kentucky Humanities Council approved the grant application and it specified that the project must begin by December 15, 1981, and must be completed by March 31, 1983. Even though the contract provided sufficient latitude for performance beyond one year, by its very terms, however, it could have been fully performed within one year. It also identified "Open Systems" as a 3 person camera crew. Appellant verbally contracted with Jo Zingg, the Project Director, to film the documentary. He obtained the services of Don Dean and Tacy Fullerton to assist in the filming.

Filming began on the project as scheduled, but completion was delayed and at the time of appeal, the project had not as yet been completed. Apparently there was some dispute over editing and over whether appellant was to be given credit as co-author. Sometime prior to June 17, 1983, Jo Zingg confiscated and retained the tapes already made.

On June 17, 1983, appellant filed a complaint, individually, against KYRC alleging, among other things, breach of contract and conversion. He secured a restraining order to prevent any further work from being done on the project. Appellee answered, moving to dissolve the restraining order and to dismiss the complaint due to appellant's lack of standing to sue individually because of his alleged partnership, "Open Systems," and that his claim was barred by the Statute of Frauds.

The trial court agreed and cited these as the reasons for its entry of an order dissolving the restraining order and dismissing appellant's complaint.

We agree with KYRC's contentions that all partners must sue to enforce a partnership claim and that one partner cannot sue as an individual for his own benefit on a contract executed by the partnership. See 60 Am.Jur.2d Partnership, § 322 et seq. (1972). However, it must be...