The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-04-11

GRAND RAPIDS. Mich. April
l0.-The old reserve clause In
the contracts OF organized base
ball players Mas held 70 be in
valid and unenforceable IN a de-
ctslon handed down to-day BY
sions. denying the application OF
the Chicago Federal League club
for an Injunction TO restrain
Catcher William Killifer from
playing with the Philadelphia Ma
tional League club.
Contracts OF such nature were
held by Judge Sessions TO be
lacking In the necessary quail
ties OF dehniteness. certainty and
mutuality."
a contract exists" said the
decision. but II broken by either
party, the other is remedyless.
because the courts are helpless
TO enforce its performance or TO
award damages for its breach"
Judge Sessions denied the ap-
plication solely because the petit
TONER did not come into court
with clean hands. He said the
plaintiff knew killifer was under
a moral. IL not a legal, obliga-
ton TO play with the Philadel-
phia club when Il induced him TO
repudiate his obligation by offer
ing him a longer term OF en-
ployment and much larger com
pensat!on. in so doing. a viii
full wrong was done to the Phila-
delphia club, which was none the
less grievous and harmful be
cause the injured party could not
obtain legal redress"
The conduct of both Killifer ant
the Federal League club was faint
ed with unfairness and injustice. Il
not actionable fraud" is the opinion
of Judge Sessions.
Hands Not Clean.
After asking the question. Are the
plaintiffs In court with clean hands 2
the court answered IL with the mega
tive ruling that the motion for ar
Injunction must be denied-not be
cause there are any equities in Kill
fer's favor which excuse or exempt
him from the performance OF HIS en-
and not because the mer
its OF the controversy are with tn,
Philadelphia club, but solely because
the actions and conduct of the plain
tins do not square with on,
of the vital and fundamental prin
ciples OF equity"
The decision holds that the contraci
OF January s. 1914, by which Killifel
agreed TO play with the Chicago Fed
eral league club and the contract o.
January 20. which he made upor
jumping back to the Philadelphia Ma
tional league club. are "ln form ValIc
and binding upon the parties
Kiliifer is scored for making tn,
the decision reading:
This record shows that the de-
PENDANT Killifer is a baseball
player of unique. exceptional and
extraordinary skill and expert
ness. Unfortunately. the record
also shows that ne is a person
upon whose pledged word little OF
no reliance can be placed. and
who for gain TO himself neither
scruples nor hesitates to disre-
regard and violate his express
engagements and agreements"
Contract Validity
After conceding the validity OF tn,
two 1914 contracts. the decision zoe!
on TO say:
The questions here presented anC
requiring consideration are these:
"F1rst-Are the provisions OF the
1913 contract between the defendants
relative to the reservation of tn,
player for the succeeding season
valid and enforcible? and.
Second - Are the plaintiffs by
their own conduct barred from seek
Ing relief in a court of equity?
The leading authorities with possibly
one exception are agreed that execu
tory contracts or this nature can neither
be enforced in equity nor form tbs
basis or an action at law 20 recover
damages for their breach. The reasons
Tor tho decisions are that such con
tracts are lacking in the necessary DUAL
itieh OF definiteness. certainty and rnu,
tuality.
'The 1919 contract between these de
PENDANTS. relative 20 the reservation OF
the defendant Kilifcr. for the season
of 1919 f. lacking IN all OF these essen.
tial elements. II IS wholly uncertain
and Indefinite with respect TO salary
and also with respect 90 terms and con-