DeMuth v. Miller

JOHNSON, Judge,

concurring and dissenting.. In this action for breach of an employment contract, Daniel C. Miller appeals from the judgment entered on a jury verdict in favor of Donald L. DeMuth.

On appeal, Miller argues that the trial court erred in (1) allowing DeMuth to present his contract claim despite De-Muth’s judicial admission that the employment agreement expired before Miller’s termination; (2) enforcing the contingent note payable clause because it was either a penalty clause and, thus, void as against public policy,' or an unreasonably restrictive covenant; and (3) using its police…