The plaintiff, a football coach, entered into a written contract with the defendant whereby the plaintiff was employed to act as coach and director of athletics for a period of ten years at any college in the city of New Orleans designated by the defendant. In the event of non-employment of the plaintiff by any of such colleges, the plaintiff was to advise the defendant in any athletic matters with which the defendant might be concerned. The defendant covenanted to pay a stipulated salary. In pursuance of this contract, the plaintiff served as coach at Loyola University in New Orleans for several years, but alleged that he entered no contract with that school. His salary was partially paid by both the university and the defendant. Plaintiff brought this action to recover a balance due for services rendered and damages for breach of the contract. On appeal from a judgment dismissing the suit for want of a cause of action, held, reversed and remanded. Shaughnessy v. D'Antoni, (C. C. A. 5th, 1939) 100 F. (2d) 422.

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