Evening News Ass'n v. Peterson

477 F.Supp 77 (1979)

Facts

Evening News (P) acquired a television station in 1978. Gordon Peterson (D) had been employed in the business by the former owners of the station, Post. D had worked for Post from 1969-1978 and had negotiated several contracts. Post had a license to operate WTOP-TV in D.C. As part of the sales deal, Post assigned all its contracts to P. D’s 1977 contract was included in the bill of sale and assignment. D’s contract was to last until 1980 and could be extended for two additional one-year terms. D was a news anchorman and was to gather, write and report and organize program materials. D was also to personally participate as an on air TV news personality and also participate in other public affairs as may be reasonably required. D got a salary for his work, life insurance benefits, and a clothing allowance. There was no express provision in D’s contract concerning assignability. D’s duties under the change in ownership did not change one iota. P claims that D's contract was assignable without the latter's consent. D contends that his contract with the former owners was unique and personal and that his contract was not assignable. D contends that he had a personal family relationship with key Post employees, which permitted a free exchange of ideas. These parties left when Post sold and were replaced with P’s employees. D contends that the close relationship and rapport was an important factor in his contract that made it nonassignable and in the absence of those relationships prevented D from contributing his full efforts for P. D stayed on for one year and then resigned in order to work for a competitor. P sued and sought declaratory relief. There was no express provision in the 1977 contract with the former owners concerning the contract's assignability or nonassignability, but it did contain an integration clause.