De Groot v. Peters

Citations

• 124 Cal. 406

Syllabus

<p>Injunction—Discharged Employee Assuming to Act as Partner—Insolvency.—One who, under a written contract with the owner of a business, for employment under a salary, with a contingent right to a share of the net profits, has been discharged for neglect of duty, hut continues to trespass upon the business premises, and, without any interest as partner, assumes control over the business, intercepts money due to the owner, and holds himself out to the public as a partner having the right to do these things, and who is admittedly insolvent, may be enjoined from the continuance of such conduct, there being no adequate remedy at law therefor.</p> <p>Id.—Interest in Net Profits—Access to Premises—Offer of Owner to Submit Books.—The fact that the employee had a contingent right to share in the net profits of the business does not require that he should he allowed free access to the business premises, in order to protect his interest therein, where the existence of such profits is disputed, and it is not shown that, if there were profits, his presence in the store is necessary for the protection of his share thereof.</p>