Lord

Lord v. Goldberg

Good Law
1889 Cal. LEXIS 1060·81 Cal. 596·22 P. 1126
Supreme Court of CaliforniaDecember 4, 1889No. 12544California1,861 words

Opinion

Concurring Opinion

Thornton, J.

I concur in the judgment on the sole ground that the parties severed their agreement by mutual consent.

Lead Opinion

Belcher, J.

The plaintiff brought this action to recover damages for his wrongful dismissal from the employment of defendants. It is alleged in the complaint that defendants were carrying on the business of grocers in the city of San Francisco; that they negotiated with plaintiff to enter into their employment ¿s solicitor for customers for their groceries, teas, wines, etc.; and that on the twenty-fourth day of November, 1886, it was agreed by and between plaintiff and defendants that in consideration of his entering into their employment as *598 such solicitor, and using all his efforts to secure certain-named persons as customers, and to extend their business, “they would give him permanent employment so long as he should use.his best efforts to extend their business, paying him at the rate of twenty dollars per week, and increase his salary as the business increased”; that plaintiff performed all the conditions of his contract, procured the persons named and others as customers for defendants, and largely increased their profits; but that defendants, on the second day of April, 1887, 'wrongfully, and without just or reasonable cause, dismissed plaintiff from their employment, to his…

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