Legal Opinion · Dissent

Ewing v. BOARD OF TRUSTEES OF PULASKI MEM.

Indiana Court of Appeals

Decided December 30, 1985No. 2-1184-A-358Published

1DissentSullivan, Judge

Recognition by the majority that Holcomb & Hoke Mfg. Co. v. Younge (1937) 103 Ind.App. 489, 8 N.E.2d 426, has not been overruled prompts my dissent. We must either straightforwardly reject it or we must acknowledge that its holding leads to a reversal of this summary judgment. Holcomb holds that provision for an annual income in and of itself does not preclude a determination that the employment may be terminated at will.

Holcomb also holds, however, that if annual salary is the stated rate of compensation, the trier of fact may find that the duration of the period of employment is for a…

2Cases cited3 opinions

  1. Pepsi-Cola General Bottlers, Inc. v. WoodsIndiana Court of Appeals · 1982
  2. Holcomb & Hoke Manufacturing Co. v. YoungeIndiana Court of Appeals · 1937
  3. Smith v. KeyesIndiana Court of Appeals · 1937

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