Law, Business, and Society 9th Edition by Tony McAdams

Exercise 37

Pelullo promoted boxers and boxing matches through his company, Banner Productions. In 1999 Echols signed an agreement with Banner giving Echols a $30,000 bonus and giving Banner "the sole and exclusive right to secure all professional boxing bouts" for Echols. Banner was to provide no fewer than three bouts per year, and Echols was to be paid not less than a specified minimum amount for each fight, but the payments could be lowered or the whole agreement canceled, at Banner's option, if Echols lost a fight. Echols lost a championship bout, and Banner said it would thereafter negotiate each purse on a bout-by-bout basis. Echols continued to fight for Banner, but various disputes over purses arose, and Echols sued. Among other claims, Echols argued that the agreement was unenforceable for indefiniteness. Decide that claim. Explain. See Echols v. Pelullo, 377 F.3d 272 (3d Cir. 2004).