Silva

Silva v. McCoy

Good Law
1968 Cal. App. LEXIS 1969·259 Cal. App. 2d 256·66 Cal. Rptr. 364
Court of Appeal of CaliforniaFebruary 21, 1968Civ. 23570California1,224 words

Opinion

Opinion

Brown, J.

This is an appeal from a judgment awarding Alfred Silva damages against Nathan J. McCoy, his employer, for wrongful termination of a written contract to employ Silva as a motel manager. McCoy contends on appeal that the written contract of employment by its terms contemplated that the ownership of the lease on the motel might be transferred or assigned and that Silva was entitled to compensation as such manager only to the date of the assignment of the lease on the motel.

The facts are not in dispute.

On October 1, 1961, Silva entered into a written contract to manage the Los Robles Motel in Santa Rosa for Peter Abell and Nathan McCoy, the appellant. The employment contract provided that Silva be employed for the “full period of one (1) year” at a salary of $600 per month plus a bonus in an amount equal to 3 percent of the first $133,333 of gross receipts.

The term of employment and the provisions for discharge, if that event became necessary, were set forth in paragraph seven of the agreement which provided as follows:. “ This agreement of employment shall continue for said full' period of one (1) year; provided that Employers shall have the right to terminate the same in the…

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