
    SOGG, Recr., etc. v. COOK.
    Ohio Appeals, 8th Dist., Cuyahoga Co.
    No. 9281.
    Decided Oct. 22, 1928.
    First Publication of This Opinion.
    Syllabus by Editorial Staff.
    RADIO.
    (490 A) Services performed by radio announcer, do not constitute work and labor.
    Error to Municipal Court.
    Judgment modified.
    Paul Sogg, Cleveland, for Sogg.
    Brooks & Apple, Cleveland, for Cook.
    STATEMENT OF FACTS.
    In the Municipal Court of Cleveland, the defendant in error recovered a judgment against plaintiff in error. The statement of claim filed in the Municipal Court by defendant in error alleged in substance that there is due to him the sum of $525.00 for work and labor performed for The WDBK Broadcasting Station Co.; that said sum of money is due for work and labor performed from January 1, 1927, to March 15, 1927; that the WDBK Broadcasting Station Go., went into the hands of a receiver and suit was thereafter brought against the receiver in his official capacity. Judgment was rendered against the plaintiff in error for the full amount with interest.
    The evidence discloses that the character of the work and labor claimed to have been performed by defendant in error for the broadcasting station company was to act as announcer,
   PER CURIAM.

We are of the opinion that the phrase, “work and labor,” does not include this sort of service performed by defendant in error.

Were the judgment allowed to remain as it is it could readily be seen that upon the record in the Municipal Court, which is a judgment rendered upon a claim for work and labor, the defendant in error would be given undue advantage over other creditors because upon the record his claim would be considered in law a preferred claim, as for work and labor. There is no doubt that the amount of the judgment is correct as for services rendered by defendant in error, but it must be understood that it is not a judgment for work and labor.

It is therefore ordered that the judgment of the Municipal Court be modified as to show the amount of the judgment as for services rendered, and that the same is not for work and labor. A journal entry will be drawn accordingly.

(Sullivan, PJ., Vickery and Levine, JJ., concur.)  