Monaco v. Lombard Bros.

The plaintiff has appealed from the entry in the Superior Court of a summary judgment dismissing an action in which he claimed breach of an oral contract for full time employment, and from the denial of his motion to vacate the judgment. The defendant advanced two grounds for allowance of the motion for summary judgment: (1) lack of consideration to support a contract; and (2) that any contract claim was preempted by Federal labor law. The judge granted the motion on a ground not addressed by either party in submissions on the motion, namely, that no promise was given by the defendant to the…