Great Western Furniture Co. v. Porter Corp.

In this action for declaratory relief and indemnity, defendant The Porter Corporation (Porter) appeals from a judgment after a nonjury trial in favor of plaintiff Great Western Furniture Co., Inc. of San Francisco (Great Western) and against Porter in the sum of $15,227.91 and costs.

On: August 26, 1955, Great. Western and Porter entered into a written contract pursuant to which Porter agreed to install, manage and supervise a so-called' Thrift Club in Great Western’s stores and to employ, manage and supervise all personnel employed by Great Western for the operation of the Thrift Club departments. Upon execution of the contract Porter installed the Thrift Club in Great Western’s San Francisco store and appointed a manager tó operate it. Eventually Edward McDowell, who had been associated with Porter for a number of years, was appointed manager. Under the terms of the contract Porter had charge of the complete operation of the club, including the selection, training, supervision, disciplining and discharge of the personnel em ployed by Great Western for the operation of its Thrift Club department. Although Great Western had the privilege of talking to these employees and of…