Klever

Klever v. Hewins

Good Law
101 Cal. App. 295·1929 Cal. App. LEXIS 236·281 P. 695
Court of Appeal of CaliforniaOctober 17, 1929Docket No. 6.California1,357 words

Opinion

lead Opinion

Barnard, J.

Defendants were engaged in manufacturing, rebuilding and retreading automobile tires at Colton, California, with various branch stores. The plaintiff paid to the defendants $1500 in cash for the privilege of becoming the manager of their branch store at Santa Ana, California. He entered upon his duties as such branch manager, under a written agreement which provided, among other things, that defendants would furnish and pay the rental for a storeroom, and maintain a stock of goods. And that, for a fixed salary, plaintiff would faithfully manage said store and account to defendant, at any time, for all money or property then in his possession.

The agreement also contained the following: “(b) Said Second Party shall have the right to terminate this agreement -by giving unto the said First Parties a ninety-days notice of intention to cancel said agreement and upon the expiration of said ninety days, the said First Parties, the said Hewins Rubber Company, shall pay to the Second Party the sum of Fifteen Hundred ($1500,00) Dollars without interest, less, however, any money due or owing from the Second Party to the First Parties, and thereupon said agreement shall finally cease and…

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