Moreland

Montgomery v. Moreland

Good Law
205 F.2d 865
United States Court of Appeals for the Ninth CircuitSeptember 1, 195312934_1California2,300 words

Opinion

Opinion

Stephens, J.

A judgment in accord with a jury verdict was entered whereby the plaintiff, Charles F. Moreland, Sr., was awarded $10,996.41 against defendants, Montgomery Brothers. Costs were assessed at $40.62. It was alleged in the original complaint that defendants had employed the plaintiff by a contract in writing at a salary of $600.00 per month for twelve months beginning February 15, 1948; that he was wrongfully discharged September 23, 1948; and that there is due, owing, and unpaid $2,850.00, salary from date of discharge to February 15, 1949, the end of the contract year.

The complaint was amended by alleging that the contract provided in addition to the monthly salary that plaintiff would receive a bonus at the end of the year’s services equal to the full year’s salary, conditioned only “that the sales experience of said business for the period February 15, 1948, to February 15, 1949, showed improvement or, except for said discharge of plaintiff on September 23, 1948, would have shown substantial improvement, over the year’s period preceding February 15, 1948. Said bonus is due, owing, and unpaid from defendants to plaintiff in the sum of $7,200.00 to plaintiff’s further damage.”…

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