185 F. Supp. 717 (S.D. Cal. 1960)
Plaintiff prays for an injunction to restrain defendant playing football or engaging in related activities for anyone other than the plaintiff without the plaintiff’s consent during the term of a contract or contracts allegedly entered into by the parties on November 30, 1959, and an order declaring the existence of a valid written contract or contracts. Defendant denies he ever entered into a contract or contracts as alleged and further claims, as defenses to plaintiff’s claims, fourteen affirmative defenses.
Cannon never formally accepted the contract offered, therefore it is only an offer. The Commissioner never signed the contract so this makes not valid.
There did not come into existence a valid written contract or contracts binding upon plaintiff and defendant there is no basis upon which to consider plaintiff’s claims for equitable relief or defendant’s affirmative defenses in opposition thereto. Specifically, therefore, I make no findings as to the issues of fraud and deceit, or any other of the equitable issues raised by defendant’s affirmative defenses.
Judgment will be for defendant, with costs….
Sample v. Gotham Football Club, Inc.
59 F.R.D. 160 (S.D.N.Y. 1973)
Defendant is the owner and operator of a professional football team popularly known as the “New York Jets.” On September 1, 1968, it entered into three separately executed written agreements with plaintiff under which plaintiff was required to render services as a professional football player for the 1968, 1969 and 1970 football seasons. Each document represents the agreement between plaintiff and defendant for a different year. The current dispute only pertains to the contracts covering the 1969 and 1970 football seasons. The New York court of appeals has stated that when the terms of a written contract are clear and unambiguous the intent of the parties must be ascertained from the...