Wade & Wade v. Central Broadcasting Co.

• Decision Date: 14 November 1939
• Docket Number: 44934.
• Citation: 288 N.W. 439,227 Iowa 422
• Parties: WADE & WADE v. CENTRAL BROADCASTING CO.
• Court: Iowa Supreme Court

288 N.W. 439

227 Iowa 422

WADE & WADE v. CENTRAL BROADCASTING CO.

No. 44934.

Supreme Court of Iowa.

November 14, 1939

Appeal from Municipal Court of Des Moines; Ralph L. Powers, Judge.

Wade and Wade commenced this action at law against Central Broadcasting Company for breach of an oral contract of employment. Defendant filed a general denial coupled with the allegation that the plaintiffs had been employed by WHO Radio Enterprise, Inc. At the close of all the evidence the court directed a verdict for Wade and Wade. Defendant has appealed. Opinion states the facts.

Affirmed.

Stipp Perry, Bannister & Starzinger, of Des Moines, for appellant.

Bump Graeser & Bump, of Des Moines, for appellees.

MITCHELL, Justice.

Wade and Wade are husband and wife and are acrobats of long experience. Central Broadcasting Company is the proprietor of a radio station, commonly known as WHO. In December, 1937 January and February, 1938, Central had a department of its business known as WHO Artists Bureau. This department of the corporation was engaged in the business of employing acrobats and artists for entertainment purposes, and selling these acts to fair associations. Irving Grossman was manager of the Artists Bureau.

In December of 1937, Jack Wade, one of the members of the acrobatic team of Wade and Wade, entered the employ of Central. He was to receive a salary of $125 per month. His duties consisted in assisting Mr. Grossman in the operation of the booking agency and in the selling of acts to county fair associations. In January and February of 1938, contracts were entered into between Central Broadcasting Company and various fair associations to furnish them at their coming fairs in the late summer, certain acts including the act of Wade and Wade. There were contracts with many associations but the only ones involved in this controversy are the Fort Dodge Stock Show held the 6th, 7th, 8th and 9th of September and the Ord Nebraska Fair the following week, September 12th and 13th.

Following the signing of these contracts, Central Broadcasting Company through the manager of the Artists Bureau entered into an oral contract with Wade and Wade to perform at the Fort Dodge and Ord Fairs at the agreed price of $125 per week.

A dispute arose between Mr. Grossman and Wade and Wade, and he refused to let them perform either at Fort Dodge or Ord, and they were not paid for those two weeks.

This suit was commenced to recover the amount of two hundred and fifty dollars by Wade and Wade against the Central Broadcasting Company. The company filed a general denial, coupled with allegations that Wade and Wade had been employed by WHO Radio Enterprises, a separate corporation. There was a trial. At the close of the evidence both sides made motions for a directed verdict, the lower court sustained the motion of Wade and Wade and entered judgment against Central for $250 and costs. The company has appealed, alleging as error the over-ruling of its motion, which is as follows:

" 1. That from the undisputed evidence it now appears that the contract of Wade & Wade was with WHO Radio Enterprises, Incorporated, and not with Central Broadcasting Company, the defendant in this suit. That any agreement or understanding plaintiffs might have had with Central Broadcasting Company prior to the creation of WHO Radio Enterprises, Incorporated, was assigned to the latter corporation after its formation and must as a matter of law have been merged in the written instrument to which the new corporation was then a party.

2. That an oral agreement between the plaintiffs and Central Broadcasting Company would be and was inconsistent with the terms at the same time of a written contract, Exhibit 1, and that any prior oral agreement or understanding could not have subsisted independently and must therefore have been discharged.

3. That plaintiffs have failed to prove by any evidence that this defendant discharged plaintiffs or caused their discharge, violated any contract or committed any tort against the plaintiffs, but that if any wrong was done to the plaintiffs it was committed by an independent third party, WHO Radio Enterprises Incorporated."

A reading of this record plainly shows that there was an oral contract between Central and Wade and Wade to perform at the Fort Dodge and Ord Fairs at the agreed price of $125 per week. This is not strenuously...