Hirsch's v. Adams

Hall, Judge.

The defendant appeals from a judgment for the plaintiff in an action for salary allegedly owed him by the defendant. The complaint alleged that the defendant was indebted to the plaintiff for a stated sum “as salary for labor and work performed by plaintiff for defendant from August 1, 1966, until April 1, 1967, at which time defendant terminated plaintiff’s employment.”

At the trial the court excluded evidence offered to prove an express contract. The court then permitted the plaintiff, over the defendant’s objection, to present evidence to support his claim on the ground of…