George F. Dittman Boot & Shoe Co. v. Meyer

Citations

• 98 Miss. 874
• 54 So. 441

Syllabus

<p>Contract. Breach. Demamd of performcMiee.</p> <p>Appellant with a view of employing appellee as a traveling salesman, agreed to pay the expenses of his trip to St. Louis; accordingly appellee went there and entered into a contract, in writing, with appellant, by the terms of which appellee was employed by appellant as a traveling salesman. The contract contained this provision; That the appellant “would advance the legitimate traveling expenses to party of second part (appellee) while on the road selling goods of the party of the first part” (appellant). The appellant reimbursed the appellee for the outlay of his trip. After making this contract, on the same day appellee made application to another house for a position as traveling salesman; he was refused employment until he should be released from his contract with appellant; he thereupon surrendered his contract with appellant saying he declined to carry it out, and on demand refunded the expenses of his trip to appellant. Appellee then contracted with the other house and breached that contract. The appellee then sued appellant for the expenses of his trip back home. Held that he cannot recover back his traveling expenses to the city, nor compel appellant to carry out an agreement made in contemplation of his becoming its employe.</p>