Finding  that  the  contracts  mailed  to  Barnett  were  not  returned  and  not
hearing  from  Barnett,  IMr.  Biasone  made  repeated  attempts  to  contact  or
reach  the  defendant  Barnett  in  July  and  August  of  1961  by  telephone,  tele-
gram and  letter,  to  all  of  which  there  was  no  response.  On  November  6,  1961,
a  letter  from  the  plaintiff  to  the  defendant  was  written  and  mailed  and  re-
ceived by  Barnett  which  reads  as  follows :

"It  is  our  position  that  your  1960-61  contract  with  us  was  renewed  when
we  came  to  terms  and  we  sent  you  an  advance.  However,  to  abide  by  the  letter
of  the  contract  and  to  make  the  position  cf  the  Syracuse  Nationals  absolutely
clear,  we  hereby  notify  you  that  pursuant  to  Paragraph  22(a)  of  said  contract,
we  hereby  renew  the  same  for  the  period  of  one  year  ending  October  1,  1962.
The  amount  payable  to  you  under  such  renewed  contract  is  hereby  fixed  at
$11,500."

Meanwhile,  during  the  months  of  June  and  July  of  1961,  Barnett  met  and
talked  to  his  former  coach  and  advisor,  John  B.  McLendon,  who  was  the
Coach  of  the  Cleveland  Pipers  Basketball  team  of  the  defendant  Cleveland
Basketball  Club,  Inc.  Both  Barnett  and  McLendon  stated  that  Barnett  did
not  want  to  play  for  Syracuse  but  did  want  to  play  for  the  Cleveland  Pipers.
