Combs v. Bunn W. Robertson, Inc.

This suit was brought by appellant to recover wages alleged to be due him, and a penalty for the nonpayment thereof under § 9111, Pope’s Digest.

It is conceded that there was due appellant as wages the sum of-$97.79, and a judgment for that amount was rendered in his favor. It does not appear to be questioned that, if entitled to recover a penalty, the amount would be $202.21. The penalty was disallowed, and from that judgment is this appeal.

The cause was tried by consent before the court without a jury upon an agreed statement of facts, the controlling recitals of which are as follows. Bunn…