Foley

The matter before us is by appeal and cross-appeal from a judgment in favor of .plaintiff on the complaint and for defendant on the cross-complaint. . '

The facts are as follows: In 1957, F. Kenneth Millhollen and James V. 0 ’Kane became the owners of U. S. Paving Co., a corporation. Millhollen and O’Kane were, at all times pertinent to this action, the sole stockholders and the principal officers of that corporation. (U. S. Paving Co. is hereinafter referred to as defendant and, where applicable, cross-complainant) . At the same time, in 1957 Thomas J. Foley was an employee of C. 0. Sparks and Monroe Engineering Company, a commercial paving company engaged in business similar to that of defendant. Millhollen, O’Kane and Foley had known each other, through business interests, for some time prior to 1957. In April 1957 defendant and plaintiff, through Millhollen and O’Kane, jointly or separately had discussions about plaintiff’s becoming an employee of defendant as superintendent. Salary and bonus figures were discussed, but nothing materialized until the spring or summer of 1958. In July, several conversations were had between the parties going.to the issue of potential…