Kemp v. Rankin

REYNOLDS, Justice.

Posed by this appeal is the question whether the defendant employer is entitled to special issues submitting his pleaded contention that the salary payable under an oral contract of employment is different *325from that alleged by the plaintiff employee. Because defendant’s issues merely inferentially rebut the controlling issue upon which plaintiff had the burden of persuasion, the trial court correctly refused submission. Affirmed.

Ethel Rankin sued Tommy Kemp to recover the difference between the $1,200 monthly salary she alleged they had orally agreed upon and the salary Kemp…