Ted Lloyd, Inc. v. American Broadcasting-Paramount Theatres, Inc.

According to the complaint in this action the plaintiff and the defendant entered into an agreement providing for the plaintiff to produce a series of radio programs which the defendant broadcasting company agreed it would attempt to “ sell ” to sponsors. It developed that no sponsor was obtained and the program was discontinued.

The plaintiff brought this suit to recover for breach of contract, alleging that the defendant failed to use its best efforts to * ‘ sell ’ ’ the show. The plaintiff also pleaded a cause of action in fraud, alleging that when the defendant represented it would use its…