Gilbert v. Davis

This is an appeal by the defendant from a small claims judgment rendered in the District Court, Unit No. 5, Washington Circuit. After a court trial, plaintiff was awarded $430.

On September 19, 1981, plaintiff was hired by the defendant, a family run dairy operation, as a herdsman. Pursuant to the terms of the parties’ oral contract, plaintiff was to be paid a weekly salary of $175 and was to be provided with housing, health and accident insurance, fuel and basic telephone service. In addition, plaintiff would be entitled to “incentive pay,” based on a “rolling herd” formula that took into…