Nattini v. Dewey

MOORE, P. J.

As owners of the Arrowhead Alpine Club, a mountain resort and hostelry, appellants employed respondents as managers and caretakers for one year commencing May 25, 1943. The contract of employment was in writing

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which provided that it could be terminated upon two weeks’ notice to respondents “in the event continued operation of the club is found to be impractical by reason of the cancellation or nonrenewal of any of the liquor or wine, and beer licenses

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granted by the State of California or by reason of other conditions beyond the control of the Arrowhead Alpine Club.” Respondents sued to recover (1) 25 per cent of the net earnings of the business for each calendar month of the term of employment totaling $3,310; (2) $8,000 loss of compensation. Appellants contended that they were compelled to close business operations on the 29th of October, 1943, and that even if the discharge was wrongful no profits or salary should be allowed for any time after that date.

The court found that respondents were discharged on October 5, 1943, without cause and without notice of more than two days and awarded them judgment in the sum of $4,997.46.

Appellants now demand a reversal on two grounds, to wit, (1) their liability terminated as of the date of closing the club since weather conditions rendered continued operations impractical; (2) error of the court in refusing to make findings that ingress and egress to and from the club after October, 1943, was over a secondary county road about 1% miles in length from a state highway; that such secondary road was maintained by the county of San Bernardino including the removal of snow; that in September, 1943, the county highway commissioner announced publicly that the county would not remove the snow from any county road during the approaching winter, and the snow that fell was not removed from the secondary road leading to the club; that the club ceased its operations after October 29 and did not resume operations until May 13,1944.

To the first contention the answer is that respondents testified and the court found that they were unceremoniously discharged on October 5, 1943, and were required at that time to leave the club within two days; that plaintiffs had fairly and reasonably complied with their agreement; that there was no just cause or reason under said agreement for the discharge of respondents at any time and they stood ready, able and willing to perform. Moreover, the court found that at no time during the term fixed by the agreement ‘' did continued operation of the club become impractical by reason of . . . other conditions beyond the control of defendants. ’ ’ There is substantial testimony to support such findings. It is true that appellants introduced proof of ice and snow on the secondary road; of the county’s announcement that it would not remove such snow; of the facts that it was not removed but was there from February until April and that snow fell in that region to a