McWilliams v. Elder

Citations

• 52 La. Ann. 995

Syllabus

<p>Syllabus.</p> <p>.Plaintiff, an employe of defendant, sued for compensation for services rendered in tlie management of her business. For the first two months of the service, there was no written contract. Defendant only assured plaintiff that he would not lose anything by abandoning the practice of his profession and taking charge of her business. At the end of two months, a contract was entered into between these parties in which the profits to be made in a store were to be considered as the equivalent for some, perhaps all of plaintiff’s services.</p> <p>Held : (1) That as the contract did not fix the whole of compensation plaintiff was to receive, proof admitted without objection was properly before the court as in a case brought to fix the value of the compensation;</p> <p>(2) That there was no profit made in the store in question, and, therefore, plaintiff could recover nothing therefrom;</p> <p>(3) That the plaintiff was entitled to the value of his services to the date of his discharge, even if he was discharged for cause ;</p> <p>(4) That the defendant employed plaintiff individually, and not as legal representative of the succession of her late husband;</p> <p>(5)-That there was no partnership between plaintiff and defendant;</p> <p>(6) That plaintiff is not entitled to an amendment of his judgment increasing the amount heretofore decreed as due him.</p>