Stewart v. North Side Produce Co.

Stuart, District Judge.

This is an appeal from the sustaining of a demurrer to plaintiffs petition.

Plaintiff’s petition alleged defendant North Side Produce Company employed plaintiff as a truck driver under an employment contract with no fixed term. Defendant Jordan, acting within the scope of his employment by defendant North Side Produce Company, an nounced a policy: “That if any further mechanical breakdowns of the company’s trucks occurred, somebody would be fired.” Following mechanical trouble in a truck assigned to plaintiff, plaintiff was fired, and plaintiff’s petition prayed for…