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Contracts Keyed to Summers
Embry v. Hargadine, McKittrick Dry Goods Co.
Citation:
127 Mo. App. 383, 105 S.W. 777ProfessorMelissa A. Hale
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Facts
Pursuant to a written contract for one year, Charles Embry (plaintiff) was an employee of Hargadine, McKittrick Dry Goods Company (“Hargadine”) (defendant) and received an annual salary of $2,000. Embry’s role required him to select samples for Hargadine’s traveling salesman. Prior to the expiration of his contract, Embry claimed he repeatedly tried to get a decision from Hargadine as to whether the company would retain him for longer. When Embry’s contract expired, he claimed he spoke to Hargadine’s president, McKittrick, who said: “Go ahead, you’re all right. Get your men out, and don’t let that worry you.” Embry understood McKittrick’s statement as a manifestation of an intention to retain him for another year at the same compensation and for the same duties. McKittrick, on the other hand, stated that he was late for a stockholders’ meeting that day and made his statement, “[g]o ahead, you’re all right. Get your men out, and don’t let that worry you,” after informing Embry to come see him at a later time. Embry was discharged a few months later. Embry sued Hargadine for breach of his employment contract.
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