Kirby v. Monroe Paper Products Co.

Plaintiff filed this action to recover what he claimed was due him as a participant in the above named trust. His complaint contained four counts, namely: contract; negligence; misrepresentation; and a fourth count dismissed on motion at close of proofs. The jury verdict was for plaintiff on the contract count, and judgment entered on the verdict.

Plaintiff entered defendant company’s employ about February 17,1941. In June, 1954, the trust involved was created. July 1, 1954, plaintiff made application to participate in the trust and was accepted. He continued as an employee of the company and…