Belcher v. Thomson Newspapers, Inc.
Decision Date | 15 February 1989 |
Docket Number | No. 77584,77584 |
Parties | BELCHER v. THOMSON NEWSPAPERS, INC. |
Court | Georgia Court of Appeals |
Coleman, Kitchens, Wolfson & Smith, David M. Wolfson, Robert E. Cullifer, Valdosta, for appellant.
W.G. Elliott, Valdosta, for appellee.
Appellant-plaintiff filed a complaint, alleging that his employment contract had been wrongfully terminated by appellee-defendant. Appellant appeals from the trial court's grant of appellee's motion for summary judgment. Appellant enumerates the grant of summary judgment in favor of appellee as error, urging that there remained genuine issues of material fact to be submitted to the jury.
The evidence of record contains a written contract between appellee and appellant. One of the paragraphs of the contract provides, in relevant part, as follows: "Either party may cancel this contract, at any time before or after termination of an initial or renewal term, on 30 days written notice with or without cause." The evidence of record also contains appellee's letter to appellant, terminating the latter's employment on only two-days' notice. On this evidence, it was clearly error to grant summary judgment in appellee's favor. Construing the evidence most favorably for appellant would authorize a finding that appellee had breached the contract by failing to give the thirty-days' notice required under the terms of the contract. Mayor & City of Douglasville v. Hildebrand, 175 Ga.App. 434, 437(3), 333 S.E.2d 674 (1985). Accordingly, appellee would be liable to appellant for damages incurred as the result of the breach of the contractual notice provision. The lack of any evidence of harm to appellant resulting from this breach ...
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