Legal Opinion

Butsch v. Emerson-Brantingham Implement Co.

Missouri Court of Appeals

Decided June 6, 1917PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Eon. Kent K. Koerner, Judge. (1) The contract of employment provided for cancellation if employee’s services were not satisfactory to employer. In the absence of willful fraud the employer, appellant, had the absolute right to discharge employee, respondent, even though the dissatisfaction is capricious or unreasonable. Blaine v. Publishers George Knapp & Co., 140 Mo. 241; Williams v. K. C., S. B. Ry. Co., 85 Mo.

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Appeal from St. Louis City Circuit Court. — Eon. Kent K. Koerner, Judge. (1) The contract of employment provided for cancellation if employee’s services were not satisfactory to employer. In the absence of willful fraud the employer, appellant, had the absolute right to discharge employee, respondent, even though the dissatisfaction is capricious or unreasonable. Blaine v. Publishers George Knapp & Co., 140 Mo. 241; Williams v. K. C., S. B. Ry. Co., 85 Mo. App. 103; Walker v Grout Brothers Automobile Co., 124 Mo. App. 628; Wood Reaping & Mowing Machine Company v. Smith, 50 Mich. 565; Walker…

1Opinion of the CourtBecker, J.

This ease originated in a justice of the peace court, and is a suit for damages alleged to have been sustained by defendant wrongfully discharging plaintiff under a contract of employment. On a trial before a judge and jury, a verdict and judgment were rendered in favor of plaintiff and against defendant, in the sum of $371.32. Defendant appeals.

The amended statement alleges that the defendant is a corporation, and that some time in November, 1912, it employed the plaintiff as a traveling salesman, credit man, and adjuster, at a stated salary, and that the contract was to continue until the…

2Cases cited5 opinions

  1. Koehler v. BuhlMichigan Supreme Court · 1893
  2. Blaine v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
  3. Williams v. Kansas City Suburban Belt Railway Co.Missouri Court of Appeals · 1900
  4. Bush v. KollColorado Court of Appeals · 1892
  5. Walker v. Grout Bros. Automobile Co.Missouri Court of Appeals · 1907

3Cited by2 opinions

  1. Shepherd v. Union Central Life Ins. Co.Court of Appeals for the Fifth Circuit · 1934
  2. Jordan v. DanielsMissouri Court of Appeals · 1930

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