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Contracts Keyed to Kunz
Embry v. Hargadine, McKittrick Dry Goods Co.
Citation:
105 S.W. 777 (Mo. Ct. App. 1907)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Charles Embry (plaintiff) was an employee with an annual employment contract at McKittrick Dry Goods Co. As his contract was nearing its expiration, he repeatedly inquired about a new employment contract with defendant Thomas McKittrick, the company’s president, who put him off each time. On December 23rd, 1903, eight days after his contract had expired, plaintiff approached Mr. McKittrick and demanded a new contract, otherwise he would quit. McKittrick proceeded to ask him about his department, Embry said they were very busy and that he had 110 salesmen waiting for him and McKittrick told him: “Go ahead, you’re alright. Get your men out and don’t let that worry you.” On February 15th, McKittrick informed Embry that they were terminating him effective March 1st. Embry claims there is a breach of contract and McKittrick contends that a contract was never formed because he never intended to enter into a contract.
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