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Contracts Keyed to Calamari
Gallon v. Lloyd – Thomas Co.
Facts
The Plaintiff, Gallon (the "Plaintiff"), was employed by the Defendant, Lloyd Thomas (the "Defendant"), in November, 1949. While working for the Defendant, the Plaintiff consistently overdrew a drawing account provided by the Defendant. An employee of the Defendant was notified by the United States Justice Department that an ongoing investigation into the Plaintiff's alleged bigamy was being conducted. The Plaintiff met with various of the Defendant's corporate officers to discuss the ramifications of the investigation, and the fact that he may be deported. The Plaintiff was severely shaken up after these meetings because the corporate officers were blunt, direct and imposing. The corporate officers, however, told the Plaintiff that they would do everything in their power (someone knew someone in state government) to delay the investigation. Shortly thereafter, the Plaintiff signed a new employment contract materially changing his compensation. The circumstances surrounding the signing of the new agreement included the Plaintiff's job being threatened. The Plaintiff then quit and sued for actual and punitive dam¬ages. The Defendant was granted judgment n.o.v., and P appealed.
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