Millikan v. Holters Shoe Co.

Citations

• 95 Kan. 327
• 148 P. 660
• 1915 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Salesman—Breach of Contract — Measure of Daouages. The plaintiff was employed as a traveling salesman for a year at a salary of $125 per month payable monthly. He commenced work on September 1, 1912, and was wrongfully discharged in November. In December he sued for his salary to September 1, 1913. In January, 1913, he accepted employment, which, however, paid npthing beyond expenses. In March he opened a store of his own. When discharged the plaintiff had been paid his salary for September, 1912, and had received a small amount of 'merchandise which was charged to’ his account. The case was tried in June, 1913. Held, a verdict for damages for breach of the contract, equal to the amount of the plaintiff’s salary until he engaged in business for himself, less the credits mentioned, with interest to the time of the trial, will not be disturbed.</p>