Embry v. Hargadine, McKittrick Dry Goods Co.

Embry was in charge of the sample department at Hargadine, McKittrick. His duties were to select samples for the company’s traveling salesmen to use in selling to retail merchants. Embry was under an employment contract with the company that expired on December 15, 1903. Embry testified that several times prior to December 15 he had endeavored to get an understanding from the company president, Thomas McKittrick, about his possible reemployment and had been put off. On December 23, however, Embry again confronted McKittrick telling him he only had a few days to seek employment elsewhere and he must have a contract, otherwise he would quit. Embry testified that McKittrick then told him to “Go ahead, you are all right. Get your men out, and do not let that worry you.” Embry took him on his word and worked until February 15th when he was notified his services would discontinue on March 1st. During testimony, McKittrick’s version of the events were slightly different. McKittrick claimed that on December 23 he was working on getting a report ready for a stockholders’ meeting when he was accosted by Embry. He told Embry such and that he did not have time to deal with his employment until after the meeting, and for Embry to go back upstairs and get his men out on the road.