Underberg v. Yates

BOYCE, Justice.

The appellee, G. S. Yates, brought this suit against the appellant, J. J. Underberg, to recover damages for breach of an oral contract. By the terms of the contract Underberg was to give Yates a one-third interest in a business owned by Underberg, known as the Wichita Novelty Company, when the then existing indebtedness of the business had been paid out of its profits, provided Yates continued to work for the business at a salary of $50 per week until the contingency occurred. Underberg breached the contract by selling the business before sufficient profits to pay its…