Paddock, Smith, Etc. v. Waay Television

This is an action upon a contract by WAAY Television (appellee) against William Y. Aydlotte and James F. Paddock (appellants). The trial court, after an ore tenus hearing, found for the appellee. The appellants appeal to this court. For the reasons stated below we reverse.

The record reveals the following: During 1979, the appellee-WAAY, through its media representative in Atlanta, Georgia, entered into a contract with Paddock, Smith Aydlotte, an advertising agency located in Atlanta. The contract required the appellee to broadcast a series of commercials prepared by the agency on behalf of…