Wood

This is an appeal from a judgment for damages for the breach of a contract of employment.

The defendant was the owner of a garage in Sacramento. July 16, 1927, the parties to this action executed a written contract for the employment of plaintiff as manager of the garage for “a period of not less than one year,” at a salary of $50 per week. This contract provided that: “In the event the party of the first part (defendant) disposes of his interests in the said garage, and the purchaser does not wish to take over the services of the party of the second part, then the said party of the second part will work as truck driver and utility man for the said party of the first part at the said fifty dollars each week until such time as the unexpired portion of the said year shall have been completed.”

Pursuant to this contract the plaintiff took charge of the garage and performed the services of manager thereof for a period of about five months. The garage was then sold and transferred to one Polley, who retained the services of plaintiff for one week’s time in order to familiarize himself with the business, paying him wages at the rate specified in the contract. The purchaser of the…