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RUSSELL v. BARNES FOUND.

November 16, 1943

RUSSELL
v.
BARNES FOUNDATION



The opinion of the court was delivered by: BARD

This matter is before me upon a hearing to determine the amount of damages to which the plaintiff is entitled as a result of defendant's breach of a contract of employment.

In an earlier opinion in this case, 50 F.Supp. 174, I held that plaintiff's motion for summary judgment on the pleadings should be granted because the sole defense raised by defendant's answer was plaintiff's breach of the terms and conditions of an oral agreement of employement alleged to have been executed prior to a written contract of employment *fn1" upon which this suit was brought. *fn2" A motion to dismiss an appeal from that ruling was granted by the Circuit Court of Appeals on the ground that the appeal was premature. 136 F.2d 654.

 Upon consideration of the evidence, I make the following Findings of Fact:

 1. The plaintiff is a distinguished lecturer and teacher in the field of philosophy and has held many posts in universities and colleges throughout the world.

 2. The preparation and delivery of one lecture a week at the Barnes Foundation during each academic year, on the subject of the history of philosophy, in accordance with the terms of plaintiff's contract of employment with defendant, required about one-half of the working time of the plaintiff.

 3. Plaintiff was at all times ready, able and willing to prepare and deliver lectures in accordance with the terms of his contract of employment with defendant.

 4. In 1941 and 1942, while plaintiff was performing his duties under his contract of employment with defendant, he earned a total of approximately $5,600 from sources other than the defendant, for miscellaneous lectures, writings and other work.

 5. Plaintiff's earnings from sources other than defendant, for miscellaneous lectures, writings and other work, from January 1, 1943, to the date of trial, August 12, 1943, were $3,125.

 6. The plaintiff's earnings during 1943 from such sources could have been realized even if he had continued in the employment of defendant.

 7. The salary of plaintiff under the contract of employment for the three year period remaining at the time of his discharge would have been $24,000.

 8. The plaintiff has suffered a loss of $20,000 as a result of the defendant's breach of contract of employment.

 Discussion.


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