Schultz v. Los Angeles Dons, Inc.

Schultz (plaintiff), a professional football player, was declared in excellent physical condition by the Dons' (defendant) physician and signed an $8,000 contract to play the 1948 season. Four days into training, Schultz developed leg and foot pain; three orthopedic specialists diagnosed a herniated disc and told the Dons he could no longer play, though Schultz kept reporting to practice daily despite being unable to train strenuously. The Dons terminated his contract, claiming he'd failed the condition requiring him to be in proper physical shape, but a fourth specialist, Dr. Billig, diagnosed sciatic neuritis instead, successfully treated Schultz, and cleared him to fully resume playing within about six weeks. When Schultz's attorney informed the Dons the injury arose from team training and that Schultz wanted to resume performing his contract, the Dons paid him only $500 and refused to let him return to training; Schultz sued for breach of contract and $7,500 in damages, and the trial court ruled for him.