Augusta Baseball Ass'n v. Thomasville Baseball Club

The release by a baseball club to another club of the services of a ball player under contract with it, in consideration of a certain sum of money, is not illegal as being opposed to public policy, nor as amounting to a contract for involuntary servitude of the player.

Complaint. Before Judge Hammond. Richmond superior court. March 10, 1917. The Thomasville Baseball Club, a corporation, brought an action against the Augusta Baseball Association, a- corporation, on a promissory note, a copy of which was attached to the petition. The defendant filed a plea which was stricken on demurrer, and judgment was rendered by the court for the plaintiff for the amount sued for. The defendant excepted. The plea stricken by the court averred that the consideration of the note was the purchase of one Davenport, a baseball player, as appears from the following contract: “The National Association of Professional Baseball Leagues. Official Sales Agreement. For Purchase or Sale of Players by National Association Clubs. This agreement, made and entered into this eighteenth day of February, 191S, by and between the Thomasville Baseball Club, party of the first part, and the Augusta Baseball Club, party of the second part, witnesseth, that the said Thomasville Baseball Club, party of the first part, does hereby sell and release the services of Player P. M. Davenport of the aforesaid party of the second part, under the following conditions: (All conditions and every detail of the transaction must be here set forth.) ,That the purchase-price of said player shall be the sum of two hundred dollars ($200.00), payable on the 15th day of July, 1915, the said sum being represented by a certain promissory note made by the party of the second part, payable to the order of party of the first part on said July 15, 1915. Both parties to this agreement further agree to abide by all the rules of the National Board of the National Association, governing the purchase and sale of players by and between National Association Clubs. It is further agreed that a copy of this agreement be filed in the office of the secretary of the National Association within ten days of date'hereof. In testimony whereof, we have hereunto set our hands the day and year first above written. “R. G. Mays, President, party of the first párt. “E. G. Kalfleisch, President, party of the second part.” It was averred that the contract for the sale of the services of Davenport was illegal and violative of the 13th amendment of the constitution of the-United States, and paragraph 17 of the bill of rights of the constitution of Georgia, prohibiting involuntary servitude.