Dallas Cowboys Football
Club, Inc. v. Harris
348 S.W.2d 37 (Tex.Civ.App.
1961)
Facts: Harris had a contract with the Rams, but signed a
contract with the Texans when he was still under contract with the Rams. The Rams sold his contract to the
Cowboys. The Cowboys sued Harris to keep
him from playing for any other team but the Cowboys. At trial, Harris tried to prove that he was
not “unique” in the dictionary sense, and thus a remedy in equity was not
warranted. The jury found for
Harris. The Cowboys appealed.
Issue: What is the meaning of “unique” in a suit in equity?
Rule: A good or service is unique if it cannot easily be
acquired elsewhere.
Analysis: The definition of unique presented at trial was
wrong. “Unique”, in terms of a suit in
equity, means “not otherwise available at the time”. In other words, there were other players who
were comparable to Harris, but they weren’t available to sign.
Conclusion: The court reversed the trial court’s verdict and
ordered a temporary injunction against Harris and a new trial.
Questions
1.