Akers v. J.B. Sedberry, Inc.

39 Tenn.App. 633, 286 S.W.2d 617, cert. denied by Tenn.S.Ct. (1955)

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Akers v. J.B. Sedberry, Inc.

Court of Appeals of Tennessee
39 Tenn.App. 633, 286 S.W.2d 617, cert. denied by Tenn.S.Ct. (1955)

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Facts

Akers and Whitsitt (plaintiffs) worked for J.B. Sedberry, Inc. (Sedberry) (defendant) under employment contracts. With the company experiencing financial distress, Akers and Whitsitt attended a conference with Mrs. Sedberry and offered their resignations on ninety-day notice, provided they were paid according to their contracts for that period. Mrs. Sedberry did not accept the resignations and continued the conference discussing business for the rest of the day. Less than one week later Mrs. Sedberry sent Akers and Whitsitt telegrams accepting their resignations effective immediately. Akers and Whitsitt sued claiming that their offer to resign was not accepted by Sedberry at the conference and was therefore rejected. The trial court ruled for Akers and Whitsitt and awarded damages. Sedberry appealed.

Rule of Law

Issue

Holding and Reasoning (Felts, J.)

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