Russell v. H. W. Johns-Manville Co.

RICHARDS, J.

This appeal is from a judgment rendered and entered in the plaintiff’s favor in an action

[573]

brought by him to recover the sum of $600 alleged to have become due and payable by virtue of the following state of facts: The plaintiff in the month of October, 1918, was a salaried employee of the defendant upon a month-to-month employment, at a monthly salary of $250, and had been such for several years prior to that time. In October, 1918, the defendant issued to all of its salaried employees the following notice:

“Office Notice #1451

“October 15, 1918.

“To all employees S. F. & L. A.

“Mr...........................

“In 'recognition of efficient service during the year, the Company will pay as additional compensation for 1918 to all salaried employees who have been in the Company’s employ for the calendar year of 1918 20% of the yearly salary in each case, payable 10% January 1, 1919, and 10% March 1, 1919.

“We are notifying you at this time so that it may help you in making your subscription for Liberty Bonds.

“(Signed) W. S. Greenfield.’’

After receiving this notice the plaintiff continued in the employ of the defendant until the sixteenth day of November, 1918, when he was discharged, and on November 30, 1918, was paid for his salary in full to that date, according to the terms of his former employment. He thereafter commenced this action to recover the sum of $600 alleged to have become due by virtue of the above written notice received by him in common with all the rest of the defendant’s salaried employees.

Upon the trial of the cause the plaintiff testified and the court found: “That said plaintiff, relying upon the additional compensation promised by said defendant, in said notice, remained in the employ of said defendant, and intended to remain in its employ for the balance of the year 1918, and subscribed through said defendant for seven hundred dollars ($700) worth of said Liberty Bonds, which subscription said defendant, subsequently, and after plaintiff’s discharge, hereinafter alleged, canceled without the knowledge or consent of said plaintiff.”