Murray v. Harris

• Decision Date: 10 January 1938
• Docket Number: No. 4840.,4840.
• Citation: 112 S.W.2d 1091
• Parties: MURRAY v. HARRIS.
• Court: Texas Court of Appeals

112 S.W.2d 1091

MURRAY v. HARRIS.

No. 4840.

Court of Civil Appeals of Texas. Amarillo.

January 10, 1938.

Rehearing Denied February 7, 1938.

Appeal from District Court, Carson County; E. J. Pickens, Judge.

Suit by H. H. Murray against J. B. Harris to recover for an alleged breach of a contract of employment and for alleged false statements made in breaching the contract. Judgment for defendant, and plaintiff appeals.

Affirmed.

James Spiller, of Panhandle, for appellant.

R. A. Wilson, W. M. Sutton, and Underwood, Johnson, Dooley & Huff, all of Amarillo, and H. H. Murray, of Panhandle, for appellee.

STOKES, Justice.

Appellant, H. H. Murray, filed this suit against the appellee, J. B. Harris, the duly elected, qualified, and acting sheriff of Carson county, alleging that during the month of April, 1935, appellant was a resident of Potter county and was induced by appellee to accept appointment as deputy sheriff of Carson county for and during the balance of the term for which appellee had been elected, which would terminate on the 1st of January, 1937. He alleged appellee agreed to pay him the sum of $125 per month, furnish the residence quarters in the county jail as a place of residence for appellant and his family, and also water, fuel, lights, a garage for his car, garden space on the premises, and water to irrigate the garden, all of which amounted approximately to $200 per month. He alleged that the expense incident to removing his family from Amarillo to Panhandle, the county seat of Carson county, and the necessity of his purchasing an automobile to be used in performing his duties was discussed, and that he informed appellee he could not afford to accept the employment for a short period of time, whereupon it was agreed between them that his appointment should cover the balance of the entire period for which appellee had been elected as sheriff. He alleged that at the suggestion of the county judge, he and appellee entered into a written contract, notice to produce which upon the trial of the case was given, and that he removed his family to Panhandle, purchased and installed furniture and fixtures for the residence quarters of the jail, and purchased an automobile pursuant to and relying upon the terms of the alleged agreement that the employment would continue until the expiration of appellee's term of office. He alleged that about the 15th of November, 1935, and without notice, appellee summarily discharged him, although his services apparently had been satisfactory and no complaint made of his failure to perform his duties in the proper manner. The record shows appellant was paid for his services to January 1, 1936, and he filed this suit to recover the agreed compensation for his services for the year following that date, amounting to $2,400, and also the expense of moving his family, and purchasing the furniture and automobile in the sum of $600.

As further ground of recovery appellant alleged that the act of appellee in breaching the contract and false statements made by him to the effect that he had discharged appellant for incompetency, inability, insubordination, immorality, and general misconduct, tended to and had injured and damaged appellant's reputation and character, making it more difficult for him to procure other employment, and alleged damages in the sum of $2,000 upon that ground.

Appellee answered by general demurrer, a large number of special exceptions, and a general denial. The trial court sustained appellee's general demurrer to the petition and, appellant declining to amend, dismissed the case, to which action appellant duly excepted, gave notice of appeal, and has perfected his appeal to this court, basing the same upon three assignments of error and a number of propositions, all of which, in substance, assign error to the action of the court in sustaining the general demurrer.

Article 6869 of the Revised Statutes 1925, as amended by Acts 1929, 1st Called Sess., c. 113, § 1, Vernon's Ann.Civ. St. art. 6869, gives to sheriffs power, by writing, to appoint one or more deputies for their respective counties, to continue in office during the pleasure of the sheriff, and extends to deputies so appointed the same power and authority as to official acts and duties as that which is possessed by their principals. It further provides that if, in the opinion of the commissioners' court, the fees of the sheriff's office are not sufficient to justify the payment of the salaries of such deputies, the commissioners' court shall have authority to pay such salaries out of the general fund of the county. Deputies so appointed are vested with duties and powers which involve a public trust, and the responsibility for the proper discharge of duties relating to the public peace and enforcement of the laws of the state rest upon their shoulders in the same manner and to the same extent as they rest upon the shoulders of their principals. Appointment of such officers therefore involves the public welfare which, no doubt, was in the minds of the legislators when they made provision that such deputies should hold their offices during the pleasure of their principals. By including such provision in the law, the Legislature established a public policy to the effect that officers elected by the people to...