The Napkin Contract . . . .
          Adam Bernero, Pitcher, Detroit Tigers

      Adam Bernero, who split the 2003 season between the Detroit Tigers and the Colorado Rockies, signed his original contract with the Tigers' organization on a napkin at a Denny's Restaurant. Bernero played the 1999 season for Armstrong State College in Georgia and was eligible to turn pro immediately after his team's last game. Tigers' scout Gary York, who had been closely following Bernero's college career, was eager to ink the deal before the Atlanta Braves had a chance to pry the young pitcher away. Bernero's final college game didn't end until late in the evening. York followed Bernero and his college teammates to a Denny's Restaurant for a post-game meal. Unfortunately, however, York had left the standard player's form contract back at his hotel. Thinking quickly, York grabbed a Denny's napkin and scribbled out the terms of a very basic contract on the napkin. The contract provided that "the hereby player, Adam Bernero, agrees to the terms of [Bernero's annual salary] with the Detroit Tigers professional baseball club." Bernero and York both signed the napkin. In this way, Bernero became a Detroit Tiger. Months later, by then a member of the Tigers' starting rotation, Bernero mused, "It makes me wonder sometimes if it was valid at all. But I am here now so I don't care." Bernero had good reason not to be concerned. Although a napkin is an unorthodox backdrop for a contract, there is nothing to prevent the use of napkins for this purpose. Any paper or surface on which words can be written and preserved is sufficient. A napkin is not as good a medium as bond paper but, in the end, it is the intent of the parties that governs. So long as the courts are able to decipher the intent of the parties, as demonstrated by written words or other evidence, the material on which agreements are written is of little concern.