Logourl black
From our private database of 13,300+ case briefs...

Gallon v. Lloyd-Thomas Co.

United States Court of Appeals for the Eighth Circuit
264 F.2d 821 (1959)


Facts

In 1949, Gallon (plaintiff) was hired by Lloyd-Thomas Co. (defendant) in a sales capacity. He was promised a 15 percent commission and allowed a weekly draw. In 1952, Gallon was transferred to a different territory where he was less successful. Lloyd-Thomas decreased his draw. On October 12, 1954, Gallon met the president and vice president of Lloyd-Thomas at a hotel. Over the course of a couple hours, the executives told Gallon that he was being investigated by the government for bigamy and that he was likely to be deported to his native England. Gallon had been married four times and never naturalized. The executives told Gallon he was a bad person and made other vexing statements that caused him severe anxiety to the point of breakdown. The executives led Gallon to believe that they would stop the government investigation if Gallon signed a new employment contract. He signed it despite its harsh terms. Gallon continued his employment with Lloyd-Thomas until the company again reduced his weekly draw, in the summer of 1955. During the period between executing the new contract and his resignation, Gallon never complained about or sought to void the agreement even though he was represented by an attorney during such period. In September 1955, he filed suit to rescind or cancel the agreement on the basis of duress. The jury found in Gallon’s favor, but the trial court granted Lloyd-Thomas’s judgment notwithstanding the verdict on the grounds that the contract, though procured through duress, had been ratified by Gallon. He appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Matthes, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. 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.

  2. 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 136,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 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.