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Contracts Keyed to Kuney
Embry v. Hargadine, McKittrick Dry Goods Co.
Citation:127 Mo. App. 383, 105 S.W. 777 (1907)
ProfessorMelissa A. Hale
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
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- Policy: Identifies the Policy if any that has been established by the case.
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