Clipping:A minor league no-reserve agreement upheld
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| Date | Wednesday, March 20, 1889 |
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| Text | [a ruling of the Arbitration Committee] In the matter of the controversy between the Milwaukee Western Association club and the Rochester International Association club for the services of Ezra B. Sutton, the undersigned find from the evidence that when the Rochester Club arranged for Sutton's services for the balance of the season of 1888, the president of said club agreed that Sutton should not be reserved by said Rochester Club. This agreement is not only proved by what we believe to be credible testimony, but is admitted in the broadest terms in a letter from said president to the secretary of that club directing him to release Sutton accordingly. There are other circumstances strongly corroborating this conclusion. The point now relied on, that the president had no authority to make such an agreement, cannot be upheld. In the absence of some express notice to parties dealing with the chief executive officer of an association that his power are limited, good faith requires that such parties be not prejudiced in assuming that he has the power to claims and which is one usually pertaining to such office. While great care should doubtless be exercised in acting on such verbal agreements, yet where it is one as clearly proven as in this instance, and where the same is embodied in the written admission of the party alleged to have made it, a great wrong would be done should we disregard it. We therefore find that the Rochester Base Ball Association had no right to reserve Sutton in the face of their agreement and he was therefore free to sign with the Milwaukee Base Ball Club. |
| Source | Sporting Life |
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| Submitted by | Richard Hershberger |
| Origin | Initial Hershberger Clippings |
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