Peniston v. John Y. Huber Co.

Citations

• 196 Pa. 580
• 46 A. 934
• 1900 Pa. LEXIS 560

Syllabus

<p>Master and servant — Contract—Right to discharge.</p> <p>Where a corporation employs a person “tobe manager of its publishing department for the term of two years from this date, with reasonable and proper authority to conduct said department,” and agrees to pay him a share of the profits and at the expiration of the contract a sum of money equal to one third of the value of the stock, copyright and plates, such person becomes merely an employee, and for any misconduct on his part inconsistent with the relation he had assumed as servant to his master, he may be discharged.</p> <p>Disputed facts connected with the discharge of an employee, and alleged by the employer to have been reasonable cause for it, are for the jury; but whether it was proper under undisputed or admitted conditions relied upon as justifying it, is for the court.</p> <p>Master and servant — Discharge—Partner—Share of profits.</p> <p>Where the manager of a department of a business of a corporation, claims that he is a partner because he receives a part of the profits, which in fact are mere compensation for his services, and refuses to obey an order of the president to change his room from one story to another, and also refuses to submit to the president contracts which he had made for the company, he may be properly discharged.</p>