[DOWNLOAD] "Scoggins v. Hill Et Al." by Court of Appeals of Georgia # eBook PDF Kindle ePub Free

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eBook details

• Title: Scoggins v. Hill Et Al.
• Author : Court of Appeals of Georgia
• Release Date : January 23, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Daniel B. Scoggins brought suit in Fulton Civil Court against Doris and James Rivers, alleged to be residents of Crisp County, and against William B. Hill, alleged to reside in Fulton County. The plaintiff further alleged: ""That the defendants James Rivers and Doris Rivers jointly own and operate radio station WTJH in East Point, Georgia, with William B. Hill; the said William B. Hill at all times herein mentioned was acting as a vice principal and alter ego of the two other named defendants, in that the said William B. Hill was the manager, in that he conducted the business of the two named defendants; his duties were numerous, in that he had charge of selling advertising, the hiring and firing of employees, and making of contracts of employment with the employees and doing each and every business transaction for the two named defendants in the operation of the said radio station."" On July 1, 1951, the plaintiff entered into an oral contract of employment under which the defendants agreed to pay the plaintiff half of the gross proceeds received from commercial advertisers as a result of the plaintiff's performance of the duties of a radio announcer and disc jockey on the Dapper Dan Show. The plaintiff is known as Dapper Dan the Hillbilly Man; he announces commercials, plays records, and advertises the station. He began work on July 16, 1951, working one hour daily on six days of each week until December 20, 1952, when he was fired. He received no money from the defendants, and, during the period of his employment, the defendants received more than $14,600 from advertisers for advertisements on the plaintiff's program. The plaintiff further alleged: When he entered into the contract and began work, Willard Belote was the station manager, performing the same services for James and Doris Rivers as Hill did. In July of 1952, Belote was relieved of his duties by James and Doris Rivers, and Hill became the station manager. The plaintiff then told Hill that he had not been paid, and Hill assumed personal responsibility with James and Doris Rivers for back salary already accrued by stating that, if the plaintiff would continue to work for the station and the defendants, he would see to it that the agreement entered into between the plaintiff and Willard Belote was carried out, and that the plaintiff would be paid. Hill further stated to the plaintiff: ""If you will continue to work for the station, we (meaning Hill and the other defendants) will pay you all the money that is due you."" Hill was benefited by the plaintiff's services in that they were valuable and brought in many sales and additional money, and Hill participated in the profits. The ""radio station was operated for a pecuniary gain."" The plaintiff, relying upon Hill's promises, continued his program until he was fired. Hill was acting in the direct prosecution of the business of James and Doris Rivers, as well as of his own business, and was acting within the scope of his authority. James and Doris Rivers acquiesced in and ratified the contract between the plaintiff and Hill. The suit was for an indebtedness of $7,300.

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