Martin v. Gauld Co.
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. Department 1. This is an action wherein plaintiff seeks to recover damages for breach of a contract of employment. The complaint sets up two causes of action.
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From Multnomah: George W. Stapleton, Judge. Department 1. This is an action wherein plaintiff seeks to recover damages for breach of a contract of employment. The complaint sets up two causes of action. In the first it is alleged that in February, 1916, defendant. employed plaintiff as its manager and agreed to pay him $250 per month, and in addition thereto 10 per centum of the profits made by defendant during the year 1916, after deducting from such profits 10 per centum of the capital stock of defendant.- It is alleged that plaintiff fully performed his obligations under the agreement;…
1Opinion of the CourtBenson, J.
In considering this case, we shall adopt the order pursued by counsel, and in the first instance direct our attention to the second cause of action. This cause must stand or fall upon the question as to whether plaintiff resigned hi's position or was wrongfully discharged. Plaintiff testifies that on the evening of August 1, Mr. Flegel, as a managing director of the defendant corporation, said to him, “Well, I tell you, Martin, Mr. Alvord and I have decided that we should change the management of the company, you had better retire.” To which the plaintiff replied, “All right.” And that…
2Cases cited3 opinions
- Little Rock & Ft. Smith R. R. v. PerrySupreme Court of Arkansas · 1881
- Merrill v. Wakefield Rattan Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wharton v. ChristieSupreme Court of New Jersey · 1891
3Cited by3 opinions
- Sheets v. KnightOregon Supreme Court · 1989
- Sheets v. KnightCourt of Appeals of Oregon · 1988
- Sheets v. KnightCourt of Appeals of Oregon · 1988