Oliphant

Oliphant v. "Home Builders."

Good Law
1917 Cal. App. LEXIS 198·34 Cal. App. 720·168 P. 700
Court of Appeal of CaliforniaSeptember 26, 1917Civ. No. 1909.California1,413 words

Opinion

Lead Opinion

James, J.

Plaintiff brought this action to recover from the defendant certain money alleged to be due to the plaintiff on account of services rendered. Defendant appeals from the judgment entered against it.

In June, 1914, a written contract was made between plaintiff and defendant whereby plaintiff was employed for a period of one year as a managing business agent at an annual salary of six thousand dollars, payable at the rate of five hundred dollars per month. By the writing which expressed the contract, it was agreed that the employment should relate back and commence on the thirty-first day of May, 1914. Plaintiff entered upon the employment and continued therein until the tenth day of February, 1915, when the board of directors of defendant by resolution proposed to discharge him and terminate the contract. The sole question here presented is as to whether defendant corporation had sufficient cause to dispense with the services of plaintiff and end the contractual relations prior to the expiration of the year mentioned in the contract. In its answer the defendant set up that the plaintiff was discharged from its employ “for cause, and for the reason that he was insubordinate, did not…

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