Accidental Oil Mills v. Tomlinson

• Court: Texas Court of Appeals
• Writing for the Court: Blair
• Citation: Accidental Oil Mills v. Tomlinson, 8 S.W.2d 558 (Tex. App. 1928)
• Decision Date: 27 June 1928
• Docket Number: (No. 7250.)
• Parties: ACCIDENTAL OIL MILLS v. TOMLINSON.

8 S.W.2d 558

ACCIDENTAL OIL MILLS v. TOMLINSON.

(No. 7250.)

Court of Civil Appeals of Texas. Austin.

June 27, 1928.

Rehearing Denied July 11, 1928.

Appeal from District Court, Williamson County; Cooper Sansom, Judge.

Suit by W. E. Tomlinson against the Accidental Oil Mills. Judgment for plaintiff, and defendant appeals. Affirmed.

Tyler & Hubbard, of Belton, for appellant.

Spell, Naman & Penland, of Waco, for appellee.

BLAIR, J.

Appellee sued appellant, Accidental Oil Mills, a corporation, to recover $1,944.40, alleged to be the balance due on his annual salary as general manager of appellant for the year beginning July 20, 1926, and on a trial to the court without a jury recovered judgment for that amount. This appeal is based upon the sole proposition that the evidence does not support the judgment. We do not sustain the contention.

The evidence shows that J. D. Sugg incorporated appellant, became its president, and owned all its stock save two shares. On July 20, 1919, he employed appellee as general manager of the corporation, at an annual salary of $5,000, payable in equal monthly installments, which employment continued without any other arrangements being made until Sugg's death in August, 1925. After Sugg's death, E. S. Briant qualified as independent executor and took charge of the stock and mill properties which under the will were bequeathed to parties designated here as "the McGowans." The executor did not make any new arrangements with appellee, but, according to him, appellee "just stayed on like he had been doing." The legatees never had any dealings directly with appellee, who continued to perform his duties as general manager up to July 20, 1927. Neither the executor nor the legatee notified him that his services were no longer needed until some time in the spring of 1927. Some time prior to 1927, the legatees were tendered the stock of said corporation, but for some reason not disclosed by the record they refused to accept it until early in 1927. Their attorney and the executor told appellee in the spring of 1926 that they were attempting to sell the mills, but they did not do so until September, 1926, which was after the contract year here involved had begun.

We think the evidence detailed above sufficiently supports the judgment rendered. It is the settled law in this state that a contract of employment from year to year can be terminated (except for good cause) only at the end of the year, and that, if at the expiration of the year the employee continues to perform his services, the contract impliedly renews itself for a period of one year. Crater Oil Co. v. Voorhies (Tex. Civ. App.) 280 S. W. 849; Dodson-Braun Mfg. Co. v. Dicks (Tex. Civ. App.) 76 S. W. 451; Tex. Brewing Co. v. Walters (Tex. Civ. App.) 43 S. W. 548; Young v. Lewis, 9 Tex. 73.

But appellant further insists in this connection as follows:

"That the evidence in this case does not make a case of liability against Accidental Oil Mills. If appellee had any cause of action, it was against E. S. Briant, executor."

We do not take this view of the matter. Unquestionably the corporation did not cease to exist upon the death of its principal...