240 A.2d 577 (Del. 1968), Goldman v. Braunstein's, Inc.

Citation:240 A.2d 577
Party Name:Carl I. GOLDMAN, Plaintiff Below, Appellant, v. BRAUNSTEIN'S, INC., Defendant Below, Appellee.
Case Date:March 25, 1968
Court:Supreme Court of Delaware

Page 577

240 A.2d 577 (Del. 1968)

Carl I. GOLDMAN, Plaintiff Below, Appellant,


BRAUNSTEIN'S, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

March 25, 1968.

Theodore F. Sandstrom, of Killoran & Van Brunt, Wilmington, for plaintiff below, appellant.

Charles K. Keil, of Bayard, Brill & Handelman, Wilmington, for defendant below, appellee.

WOLCOTT, C.J., CAREY, J., and DUFFY, Chancellor, sitting.

CAREY, Justice:

The plaintiff below, Carl I. Goldman, has appealed from an order granting summary judgment entered by the Superior Court in favor of Braunstein's, Inc., defendant below. The issue we must decide is: Is the limitation of time for starting a suit to recover damages for breach of an employment contract governed by T. 10 Del.C. § 8110 (one year) or by T. 10 Del.C. § 8106 (three years)?

The facts pertinent to the present dispute are these: By letter dated June 7, 1963, the

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appellee confirmed an agreement with appellant whereby the latter was employed as manager of appellee's store at Price's Corner for a term of one year commencing June 10, 1963. His compensation was to be $12,000 per year, plus 'a yearly bonus of 1% Over a base figure of $1,000,000 in net sales' provided that the shortages do not exceed 1 1/2%. The appellant performed his duties under this agreement until January 2, 1964, at which time he was discharged. On that date, he received his monthly pay check for the pay period ending January 31, 1964. He has received no further salary and has never been paid any bonus. On January 5, 1965, he filed this action for damages for future services not performed, charging that he was wrongfully discharged. The appellee thereafter moved for summary judgment based upon T. 10 Del.C. § 8110, which reads as follows:

'No action for recovery upon a claim for wages, salary, or overtime for work, labor or personal services performed, or for damages (actual, compensatory or punitive, liquidated or otherwise), or for interest or penalties resulting from the failure to pay any such claim, or for any other benefits arising from such work, labor or personal services performed or in connection with any such action, shall be brought after the expiration of 1 year from the accruing of the cause of action on which such action is based.'

The Court below, in granting appellee's motion, held that the case is governed by the quoted section. We...

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