Contracts Keyed to Knapp
Roth v. Speck
Facts
The Plaintiff owned a hair salon and hired the Defendant for a term of one year. Under the terms of the employment contract, the Defendant was to be paid the greater of either $75 a week or a commission of fifty percent on the gross receipts of his work. After six and a half months, the Defendant quit. The Plaintiff hired a replacement employee who he paid $350. However, this employee was not profitable and therefore he was let go. A second replacement also failed to earn his salary and was employed at a loss to the Plaintiff. At the trial court, the Plaintiff testified that the Defendant was a very good hairdresser and that he earned $100 per week. The lower court found for the Plaintiff, but only awarded nominal damages in the amount of one dollar.
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