Contracts Keyed to Calamari
Eckles v. Sharman
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Defendant-appellant, Sharman (the "Defendant"), was the head coach of a N.B.A. basketball team in San Francisco, the Warriors. In 1968, the Defendant was persuaded to leave the San Francisco team and coach an ABA team in Los Angeles, the Stars. The Defendant entered into a contract under which he would be paid $55,000, with yearly increases of 5%. Additionally, the Defendant was given the "option to purchase 5% ownership of the Club" and to participate in a "Pension Plan". The contract also included a provision saving the rest of the agreement, if any of the other provisions were deemed invalid. The Los Angeles basketball team was sold to the Plaintiff, Mountain States Sports, Inc. (the "Plaintiff"). At the time of this suit, the Plaintiff was bankrupt so R.T. Eckles was substituted in the lawsuit as the Plaintiff. After the Plaintiff bought the Los Angeles team, it was moved to Utah, and the Defendant agreed to go with the team. Although the parties discussed the Defendant's pension rights, no formal agreement was ever reached. In 1971, the Defendant resigned and began coaching the Los Angeles Lakers, an N.B.A. team. The Plaintiff brought suit against the Defendant alleging breach of contract and a claim of tortuous inducement against the Los Angeles Lakers. The lower court granted the Plaintiff a directed verdict as to the question of liability.
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