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Embry v. Hargadine, McKittrick Dry Goods Co.

St. Louis Court of Appeals, Missouri
105 S.W. 777 (1907)


Embry (plaintiff) was employed by Hargadine, McKittrick Dry Goods Co. (McKittrick) (defendant). Embry was first hired under a written contract which provided he would be employed for one year at a salary of $2,000 per year. Near termination of his written contract, Embry states that he attempted on several occasions to convince the company’s president, Thos. H. McKittrick, to employ him for an additional year under the same terms. While both parties agree that conversations between Embry and McKittrick took place, they disagree as to the substance and result of those conversations. Embry states that he informed McKittrick that if his contract was not renewed, he would leave his position. McKittrick denies that Embry ever made this statement. Embry states that in response to his statement, McKittrick assured him to go about his business “without worry.” Embry says he relied on this statement as a manifestation of intent by McKittrick to reemploy him for an additional year. However, approximately two months after this conversation occurred, Embry’s employment with McKittrick was terminated. Embry brought suit on the ground that his termination violated his employment contract. The trial court found that McKittrick’s actual intent was not to enter into a new employment contract with Embry, and held for McKittrick. Embry appealed.

Rule of Law


Holding and Reasoning (Goode, J.)

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