Chandler v. Roach

Chandler v. Roach

Opinion

 [*436]  [**777]   [****263]  This is an appeal from a judgment in favor of defendants in an action instituted  [**778]  by the plaintiff for damages for breach of contract.

The cause of action of the complaint with which we are here concerned was based on an alleged implied-in-fact contract.

A resume of the facts which are favorable to the plaintiff is as follows: The plaintiff was a professional writer with  [*437]  a diversified literary experience and extensive educational background. In 1950 he conceived an idea for a dramatic work based on the activities [***2]  of the public defender's office. He formed a mental picture of an authentic, realistic series based upon the actual operation of the public defender's office in defending indigent persons. He conducted an extensive research of the matter at a library and at the office of the public defender, and discussed the matter with the public defender and others. He obtained written authorization from the public defender himself wherein full cooperation of the office was to be given to the plaintiff. The understanding between the plaintiff and the public defender was later renewed for a three-year term at the request of defendant Roach. Plaintiff Chandler engaged an agent, whose business had to do with the sale of literary material, to the end that the creation could be marketed. The agent met with Roach, a producer of television shows, and gave Roach both an oral and written summary of Chandler's idea. Roach displayed considerable interest in the project and had conferences with Chandler and the agent during the spring and  [****264]  summer of 1951. Chandler sold Roach on the idea of producing a series of television shows, as suggested by Chandler, and the parties proceeded to work out terms under [***3]  which the series was to be produced. Under the terms, Chandler was to receive for his idea, among other things, a percentage of the receipts from the series and certain other amounts for his services connected therewith. In about July, 1951, Chandler believed that he had a firm deal with Roach. Roach requested of Chandler that he prepare a script immediately for use by Roach in attempting to sell the series to an advertiser. Chandler prepared the script and later revised it to meet with suggestions of Roach. To the end that the parties might solidify the understanding and agreement between them, Roach had his attorneys draft a written contract which he sent to Chandler. Chandler suggested certain changes in the instrument, and the attorneys for Roach prepared a second written contract which he sent to Chandler. Sometime thereafter, the agent got sick and retired from the agency business. Chandler did not hear from Roach with reference to the material which had been furnished. In the summer of 1953, at a chance meeting, Roach told Chandler that the trouble with Public Defender was “that it was too good an idea.”

Roach never paid Chandler for his ideas or for his services,  [***4]   [*438]  among the latter, the preparation of the scripts. Roach thereafter produced a series of 69 television programs along the lines suggested by Chandler. On April 26, 1954, the present action was commenced.

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