Rotter

Appeal by plaintiff from an adverse judgment in an action for alleged unpaid compensation.

On May 1, 1957, the parties entered into an agreement whereby defendant agreed to employ plaintiff as engraving department superintendent for one year at a salary of $700 a month commencing August 1, 1957. Plaintiff began work on August 1, 1957. About September 20, 1957, plaintiff was informed by an executive of defendant that as a part of administrative alignment a Mr. Aecetta had been appointed superintendent of a newly combined diploma and engraving department and that plaintiff was to report to Aecetta thereafter.

On September 30, 1957, plaintiff, without stating any cause or reason, notified defendant that he would stop working on October 15. On October 10 he ceased performing his work and left defendant’s employ. He made no effort to obtain alternate employment until May 1958, when he went to work in Michigan at a salary of $110 a week.

The action is for the balance alleged to be due for the remainder of the term of the agreement less the amount plaintiff earned in Michigan.

The court found that on or after October 10, 1957, plaintiff failed and refused to perform his duties under…