Smith v. Pollack Co.

The plaintiff brings this suit to recover actual damages resulting from the breach of a contract of hiring. The defense is that plaintiff was not in fact employed by it.

The testimony shows that on or about the first of September, 1924, the plaintiff was employed by the defendant company as collector, at a salary of $160 per month, by and through its manager and agent, Mabry. It was necessary, it seems, for one acting as collector for the defendant company to use an automobile. Mabry, the manager and agent, explained to plaintiff that his company did not furnish -an automobile to its…