Yahola Sand & Gravel Company v. Marx

WILLIAMS, Vice Chief Justice.

Many years ago Mr. Frank Marx, the defendant in error, hereinafter referred to merely as plaintiff, was in the employ of a railway corporation. He knew how to figure rates and taxes on interstate shipments.

Mr. Walter Dills was then the manager of a concern which was the predecessor of plaintiff in error, hereinafter referred to merely as defendant. Mr. Dills induced Mr. Marx to leave the railway and come with his concern, promising that when he came to retire he would be paid the same as railroad retirement would provide.

It has developed that if he had remained…