Braverman v. Rosenthal

McCOMB, J. This is an appeal from a judgment in favor of plaintiff in the sum of $2,326.99 and costs entered after trial before the court without a jury in an action to recover damages for breach of an oral contract of employment for one year.

Facts: Defendant employed plaintiff to be the manager and buyer of his shoe store for the period of one year commencing on the 27th day of August, 1948, at a salary of $100 per week plus a sum equal to 1 per cent of the gross business conducted each calendar month. On or about the 30th day of December, 1948, defendant without cause discharged plaintiff and refused to pay further salary or commission.

Questions: First: Was there substantial evidence to sustain the trial court’s findings (a) that plaintiff was employed for a period of one year, and (b) that a compensation of $100 per week plus 1 per cent of the gross business conducted by plaintiff each month was due and owing himf

This question must be answered in the affirmative. The complaint alleged in paragraph III as follows:

“On or about the 27th day of August, 1948, plaintiff and defendants entered into an oral agreement, in the County of Los Angeles, State of California, wherein and whereby defendants employed the plaintiff for a period of one year and the plaintiff agreed to enter into the employment of the defendants for said period of one year as store manager and buyer and manager of the shoe salesmen employed by defendants. Pursuant to said agreement, plaintiff entered into the employment of defendants as store manager and buyer and manager of the shoe salesmen on, to-wit, the 27th day of August, 1948, and continued as such manager and buyer and manager of said salesmen in the employ of defendants to and including the 30th day of December, 1948, and fully and fairly performed all of the terms and conditions of said employment and of said agreement on his part to be performed.”

Defendant’s answer in paragraph I reads as follows:

“Answering paragraph III of plaintiff’s complaint, defendant denies both generally and specifically each and every allegation therein contained, except that defendant admits that plaintiff was employed as a store manager for the periods as alleged.”*

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