Perry v. Kimberly Jewelry Co.

A. S. Perry sued Kimberly Jewelry Company for earned wages for services alleged to have been rendered under a written contract between the parties. A demurrer to the petition was overruled and that judgment is assigned as error in the cross-bill of exceptions. The judge, sitting without a jury, rendered a judgment for the defendant. A motion for a new trial was denied and the plaintiff excepted to that judgment.

The petition sets forth the following alleged facts: On March 8, 1940, Perry entered into a written contract with Kimberly Jewelry Company, a corporation, also known as Kimberly’s…