Byrd International of Dallas, Inc. v Electronic Data Systems Corp.
Texas Court of Civil Appeals
629 S.W.2d 177 (1982)
- Written by Sean Carroll, JD
Facts
Electronic Data Systems Corporation (EDS) (plaintiff) used the services of employment agency Byrd International of Dallas, Inc. (defendant) in EDS’s hiring of Larry Scherschel. EDS paid Byrd $6,600, a fee that was refundable if Scherschel worked for EDS for fewer than six months and was not fired. Scherschel left EDS before six months. EDS sued Byrd to recover the $6,600 fee, claiming that Scherschel was not terminated but voluntarily resigned. EDS filed a motion for summary judgment. EDS presented affidavits of Everett Warner, Scherschel’s supervisor, and Michael Burnworth, the manager of Scherschel’s department in EDS. The Warner affidavit stated that Scherschel told him that he wanted to resign and asked him to start the paperwork to that effect. The Burnworth affidavit stated that Scherschel told him that he was leaving the company. Byrd objected to the introduction of the affidavits on the ground that they were hearsay. The trial court overruled Byrd’s objection and granted EDS’s motion for summary judgment. Byrd appealed.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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