Sigmon v. Goldstone

Sigmon (plaintiff) and Goldstone and others (defendants) entered into a written contract pursuant to which Sigmon agreed to serve as designer, cutter, and foreman of Goldstone’s manufacturing establishment for a term of 21 months at a stipulated weekly salary. Goldstone retained $5 per week of this weekly salary as a guaranty of Sigmon’s faithful performance thereunder. Sigmon continued in the employ of Goldstone for a little over 12 months, when, as he claimed, Goldstone wrongfully discharged him, by which time Goldstone had retained $70 of Sigmon’s weekly salary. Sigmon brought suit for damages for breach of contract. Goldstone argued in their defense that Sigmon had voluntarily quit and thus it was Sigmon who had breached the contract. During trial, Sigmon testified that in the weeks prior to the alleged discharge, Goldstone did not permit him to do the work for which he was hired, but compelled Sigmon to sit during work hours in a dark room doing nothing. Sigmon further testified that he and his lawyer discussed such alleged improper treatment with Goldstone, who, at the close of this discussion, told Sigmon and his lawyer to get out of their place of business. Later that same day, Sigmon, through his lawyer, notified Goldstone that he tendered his services according to the contract. The trial court granted a motion for nonsuit in favor of Goldstone. Sigmon appealed.