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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.