Purdy v. Buffums, Inc.

California Court of Appeal Dec 5, 1928 No. Docket No. 5523.Published

Before: Crail

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Holding. The court held that the parties' initial exchange of letters created a binding employment contract including a commission, and that a subsequent employment slip did not modify or annul the commission provision.

Issues

Whether the initial exchange of letters constituted a valid and binding employment contract.
Whether a subsequent employment slip modified the compensation terms of the original contract.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The acceptance may be a “grumbling” one, but it is unequivocal.”

“There are no words in the little yellow slip which annul or strike out of the contract the five per cent commission.”

“It is the duty of a court to so construe a written instrument as to give force and effect to every clause so that no clause may become redundant”

CRAIL, J.,

pro tem.

Some time prior to June 23, 1923, the plaintiff entered into negotiations with the defendant for her employment as manager of its hair goods and beauty parlor department, and wrote the defendant a letter in which she offered to enter upon such employment at $50 per week and five per cent of the gross sales of the department. Thereupon the defendant replied by letter as follows:

“Our Mr. Johnson handed me your note, which I have gone over carefully, and am glad to know that you have decided to come with us later, when our building is ready. . . .

“As I recall, your wage was to be $50.00 per week and five per cent of the gross sales. Without going into the matter more fully, I might say that the percentage seems a bit high, at least while the business is being developed. The wage is all right, for I am sure you can put across the program that we are intending to inaugurate. However, we are willing to let the percentage part remain, and will work it out with you later.

“We want you to feel that you are engaged for the job, and will leave the entire matter in your hands.”

And from that time on both parties considered that plaintiff was employed as manager of the department which was to be established when a new. building was completed. On May 1, 1924, the plaintiff commenced upon her duties as indicated. She had several conversations with Mr. Buffum, president of the company, but nothing was ever said about changing her compensation. On May 5, 1924, she went downstairs to the bookkeeper, named Miss Brown,

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who prepared “a little yellow slip,” which was in printed form, “Form 19-1M,” but contained blank spaces for name, date to begin, rate per week, etc., which plaintiff signed, as follows:

“Form 19-1M 1-23 DEL MAR.

Buff urns’ No. 2401

24 and 25

Department: Beauty Parlor Date 5/5, 1924

Name: Mrs. Aleen Purdy Address: 239 Ximeno Telephone number.

Purdy v. Buffums, Inc.

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CRAIL, J.,

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