Hill v. Peddy

Citations

• 80 Fla. 832
• 86 So. 836

Syllabus

<p>1. Plaintiff having been employed by defendant for a stated period, before its expiration, received a communication from him as follows: “As I promised Harry’s wife X would give him the management of the store on his return before I employed you can you take the night shift and arrange to trade nights with him occasionally. ' As you know the position we are placed in with old employees I have no other choice than to ask this of you.” Plaintiff interpreted this communication as a discharge and thereupon quit the service of defendant and sued for the amount of salary which he would have been entitled to had he rendered the service for the period of his employment. Held, that the language employed in the communication is not reasonably susceptible of the interpretation given it by plaintiff and that he is not entitled to a recovery upon the theory that it amounts to a discharge.</p> <p>2. Where a verdict in plaintiff’s favor is unsupported by the evidence it is the duty of the trial court to set it aside upon motion, and a failure to do so is error, for which the judgment will be reversed.</p>