Johnson v. Kahrs

Atkinson, Justice.

(After stating the foregoing facts.) The first ground of demurrer is that the allegations of the petition do not set forth a cause of action against the defendant. The petition shows that prior to the alleged termination of the contract, the defendant was not given the 30 days’ notice as provided therein; but counsel for the petitioners insist that the clause as to notice was substantially complied with by sending him a notice and a check for a month’s salary in advance, and that the agreement was “thereby terminated” as of that day. This reasoning would probably be sound if…