Kelly v. Southern Amusement Co.
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $1,360 for breach of contract. The answer specifically denied that defendant entered into any contract with plaintiff.
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Action in tbe district court for Hennepin county to recover $1,360 for breach of contract. The answer specifically denied that defendant entered into any contract with plaintiff. The case was tried before "Waite,' J., who when plaintiff rested and at the close of the trial denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,274. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBunn, J.
Plaintiff sought to recover in this action damages for the breach of a contract under which defendant employed him as its manager for a period of five years. The issues were as to whether there was a valid contract of employment, and if so, whether plaintiff was guilty of such misconduct as to justify defendant in discharging him. The trial court held as a matter of law that the contract was valid, and submitted to the jury the question whether the act of defendant in discharging plaintiff was justified. The jury decided this question in the negative, and returned a verdict for plaintiff.…
2Cases cited1 opinion
- La Plant v. Pratt-Ford Greenhouse Co.Supreme Court of Minnesota · 1907
3Cited by2 opinions
- National City Bank v. Zimmer Vacuum Renovator Co.Supreme Court of Minnesota · 1916
- State Bank v. Magraw, Kerfoot & Co.Supreme Court of Minnesota · 1924