Allen v. Highway Equipment Co.

MASON, Justice.

Plaintiff, Gale E. Allen, brought a law action seeking damages from defendant, Highway Equipment Company, on the theory defendant had breached a written contract of employment entered into by the parties by the termination of Allen’s employment before the termination date set forth in the agreement. The matter reaches this court on Allen’s appeal from an adverse ruling of the trial court on defendant’s motion for declaratory judgment.

The appeal presents two questions for review: (1) whether under the terms of the contract the parties have the power individually to voluntarily…