Kerr

Kerr v. Nelson

Good Law
1936 Cal. LEXIS 598·7 Cal. 2d 85·59 P.2d 821
Supreme Court of CaliforniaJuly 28, 1936L. A. 14153California1,327 words

Opinion

Opinion

Waste, J.

Plaintiff Kerr entered into two written contracts, one with defendant Nelson, pursuant to which defendant corporation was organized; the other with the defendant corporation. Under these contracts, plaintiff agreed to devote his time and attention exclusively to the business of the corporation for a period of three years, and to use his best efforts to promote the development, extension and upbuilding thereof. In return he was to receive the weekly sum of one hundred dollars, .and defendant Nelson was to issue in plaintiff’s name four thousand shares of the capital stock of the corporation, which were to be placed in escrow and delivered to him when Nelson should have received seventy-five thousand dollars out of the net profits of the business, Kerr, during the escrow period, to be entitled to one- half of the net earnings upon the stock. Provision was made for cancellation by either party upon notice for cause, and also for submission of disputes to arbitration.

Kerr was discharged long prior to the expiration of the term of employment. The question of whether he was discharged “with or without good cause” was submitted to arbitration, and. the finding was that no good cause…

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