Smith v. Shallcross

Opinion by

Reno, J.,

In this action by an employe against his employers upon their contract of employment plaintiff recovered a verdict for $6,442.71. Upon defendants’ motion the court below entered judgment n. o. v. “in favor of the defendants to all amounts over $924.31,” and judgment for plaintiff for the last stated sum. Plaintiff appealed.

The legal question is: Did the contract provide for employment at will, for a year, or from year to year?

There is virtually no dispute about the facts. In the small area of evidential conflict we accept plaintiff’s version, since he has the verdict:…