The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-02-07
BROKEN PROMISES.
Suit Over an Illustrated
Weekly Paper.
INTERESTS THAT COMPLETED
John Monteith, a Journalist, Wants
Damages From Richard III.
Mcdonald Jr.

A complaint was filed In the Superior
Court yesterday by John Monteith against
Richard Fl. Mcdonald Jr. for S6S00 dam
ages and cost Of suit.
Plaintiff alleges that on May q, 1892 he
and the defendant entered into an agree
ment in this city whereby defendant agreed
to secure him permanent situation as
managing editor in starting. organizing and
conducting the publication OF an illustrated
weekly newspaper in this city which de-
PENDANT had projected to further certain of
his plans and purposes.
Plaintiff was to be actually employed in
doing the necessary preparatory work
within sixty days, or prior to July q, and
should continue in order that the publica-
ton could begin in time to advocate the
election of defendants candidates for
School Directors after they had been Dm-
mated by the Republican municipal con-
vention.
Defendant agreed to provide ample capi-
tai and facilities to make the paper artisti-
cally, mechanically and from a literary
standpoint equal to Harper's Weekly. that
it should be widely circulated on the Pa
ciic Coast and be supplied with everything
essential TO make it undoubtedly popular,
of great influence and a leading political
power OF the Pacific Coast
Plaintiff besides the prestige Of manag-
ing such paper, was to receive further
consideration of $50 per week.
About June % defendant informed plain
tiff that he was the largest stock older. and
practically owned and controlled The Cali
fornia illustrated Magazine, and proposed
TO modify their agreement so that defendant
could have the benefit Of the professional
services of plaintiff in adjusting and
Strengthening out the affairs of that maya
zine, which had fallen into deplorabe and
Improbable literary and financial condition,
owing TO the mismanagement Of the busi-
ness department., and, as defendant al
legged, the incompetence and shftlessDess
of the principal editor OF the magazine,
upon the express agreement that as soon a
defendant bad obtained such of plaintiffs
services as defendant might find necessary
in his judgment in connection with the
magazine, plaintiff should then immedl ately
thereafter begin his work and be placed in
charge of the starting, publication and Or
ganizatiOn Of the weekly newspaper as
originally agreed, and that the actual work
of starting. publishing and organizing the
weekly newspaper would be delayed until
that time.
Plaintiff agreed to this modification as a
matter of kindness and good will to de-
PENDANT, and was temporarily placed upon
the magazine as the personal representa-
tive of defendant, and worked hard, faith
fully and efficiently in his interest for re0r-
ganiZiGg and placing the magazine On
frmeT basis and in eXtricating 1t as far as
possible from the imbecle and Improbable
condition in which he found il, owing TO
the mismanagemeDt, extravaganza and in
competence of those who had charge OF it's
affairs.
Plaintiff alleges that he did much to i'm
prove the condition OF affairs, and on No
vember 81 was notified by defendant that
his services would not after November Is,
be longer required upon the magazine.
Plaintiff thereupOn notified defendant In
writing that he was IN readiness to begin
on his contract concerning the weekly
newspaper
The agreement was made and to be per-
formed in this city within one year from
May q, 1892; that is to say. completed by
the installation of plaintiff Ia continuing
and permanent position as managing ed
itor of the weekly newspaper after the
starting. publication and organization of
the same had been completed. which would
have required six months of plaintiffs time.
Defendant on December 10 wrongfuIly
and unlawfully and in violation Of the
agreement refused TO keep his agreement
with plaintiff with reference 10 the weekly
and fatty refused to fulfill his obligations
hereunder.
Plaintiff came from San Diego to become
acquainted with defendant. and through his
agreement with defendant had relinQuished
a contemplated lec,uring tour In the East
ern States and removed to this city with his
family and household effects all at con-
siderable expense and at the sacrifice of his
other prospects.
Owing to the action of the defendant,
plaintiff alleges that 1t will be about May
l next before he will be able to return to his
original plans, and In consequence the time
elapsing between November % ana May l,
period of twenty-five weeks, will be lost.
Plaintiff alleges that at all times he fully
lived up to and complied with the terms of
the agreement and was at all tunes able and
willing TO do so.
He claims $1,000 damages, $500 specific
damages for the loss of twenty-five weeks
time and $500 damage by reason of his
change Of residence.