Smith v. Dean

DORAN, J. This is an appeal from a judgment in an action for damages for breach of a contract of employment.

Appellants were engaged in the business of renting tools and supplying service in connection with and for the purpose of drilling oil wells. In February of 1934, plaintiff and respondent was employed by appellants as sales agent. The agreement of employment, which was reduced to writing and signed by the parties, provided in part as follows: “1. This contract is to be in effect from September 1, 1934, to February 1, 1936, and it is hereby further agreed that (plaintiff) has the option to continue this contract, as accepted herein, for an additional period of two years, at the time of the expiration of the period herein provided for if he so elects, and (plaintiff) shall notify (defendants) of his election to so continue.”

On January 7, 1936, plaintiff received a letter from defendants containing, in part, the following: “ . . . we will not renew our sales contract when it expires on February 1st, 1936. We are making other plans for the soliciting of our business.”

Upon the alleged wrongful discharge, plaintiff brought suit to recover damages. The complaint was in two causes of action, the first of which was for general damages for wrongful discharge, and the second for unpaid commissions alleged to be due. The case was tried before the court with a jury, which returned a verdict for the plaintiff on both causes of action.

The appeal is presented on the judgment roll and a bill of exceptions containing part of the evidence.

The sufficiency of the evidence to sustain the verdict is not questioned.

Appellants contend, among other things, that the admissibility in evidence of a certain contract which is referred to as the “original” contract, was prejudicial. It appears from the record that respondent had worked for appellants since December 1, 1933; that thereafter, namely on February 1, 1934, the parties executed a contract of employment, which was later superseded by the contract sued upon herein. The original contract was offered in evidence by plaintiff, apparently for the purpose of emphasizing the significance of, as well as for the purpose of proving, the manner in which [673]both parties had treated and acted upon a certain clause in the original contract, which clause appeared in the second contract in identical terms. Appellants complain that because the original contract, in certain other portions thereof, inferentially reflected discredit upon appellants, it should have been excluded. Assuming, but by no means conceding, that said original contract had such effect, nevertheless, it was properly admitted. It is well settled that evidence admissible for one purpose cannot be excluded because it does not satisfy the rules applicable to it in some other respect. (10 Cal. Jur., p. 816.) Moreover, defendants’ instruction No. 19 advised the jury that Mr. Dean’s character was not in issue and that such evidence was not to be considered “in respect to any personal characteristic of Mr. Dean”.