Auerbach's, Inc. v. Kimball

MAUGHAN, Justice:

On appeal is a summary judgment in favor of Auerbach’s and against Kimball on his counter-claim — the only part of the lawsuit before us. We reverse and remand with instructions to allow Kimball to complete his discovery. Costs to Kimball. All statutory references are to U.C.A.1953.

Kimball alleged the right to a pension of $50 per month for life. This was conditioned, upon his remaining in the employ of Auerbach’s for 20 years; and until his 65th birthday. This claim is grounded upon an asserted oral promise of Auerbach’s personnel manager; .made at the inception of Kimball’s…