Saari v. George C. Dates & Assocs., Inc.
| Decision Date | 04 June 1945 |
| Docket Number | No. 64.,64. |
| Citation | 311 Mich. 624,19 N.W.2d 121 |
| Court | Michigan Supreme Court |
| Parties | SAARI v. GEORGE C. DATES & ASSOCIATES, Inc. |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Wayne County; Joseph A. Moynihan, judge.
Action by Wayne M. Saari against George C. Dates & Associates, Inc., for breach of a written contract of employment. From a judgment of no cause of action, plaintiff appeals.
Judgment affirmed.
Before the Entire Bench.
Arnold F. Zeleznik and John C. Quillinan, both of Detroit, for appellant.
Rosen & Lippitt, of Detroit, for appellee.
Plaintiff sued the defendant for breach of a written contract of employment, claiming that the defendant breached the contract by unlawful discharge. On trial in the circuit court for Wayne county without jury judgment of no cause of action was entered from which plaintiff appeals.
The provisions of the contract material to the issue herein are as follows:
‘1. Dates (the defendant) hereby agrees to and does hire Saari (plaintiff) and Saari hereby accepts such employment and agrees to work for Dates, under Dates' supervision and control, in Dates' business for the treatment of hair and scalp in the city of Detroit, Michigan, and at such other place or places in such other cities of the United States as shall be designated therefor by Dates, for the period of one year, beginning with the date of the execution of this agreement, and such removal (renewal) thereof as is hereinafter provided in paragraph 2 hereof, unless such period of employment is terminated prior to any such expiration date as provided for here-inafter in paragraphs 9, 10, and 11 hereof.
2. Saari shall devote his entire time, care, skill, energy and attention solely and exclusively to the development, creation, carrying on, and handling of the business of Dates for the treatment of the hair and scalp in the city of Detroit, Michigan, or such other place or places to which, here-after, Saari shall be sent by Dates, always, however, under the supervision and control of Dates, Saari agreeing hereby to perform all such duties in all such places with his utmost personal care and skill.
3. Saari shall perform such duties as shall be assigned to him from time to time by Dates, and conform to all the requirements of Dates as to the number of hours to be worked by him, and such other employees of Dates as shall hereafter be placed under the management and supervision of Saari, both as to when such hours shall begin and end. Saari shall, in all other respects, abide by such regulations as Dates may be required hereafter to promulgate concerning working conditions.
* * *
Under this agreement plaintiff worked for defendant from February 1, 1942, until about February 15, 1943, at which time defendant discharged him. Plaintiff claims the discharge was without cause and sued for salary and bonus he would have received for the balance of that contract year. The sole issue as joined in the court below, and renewed here, was stated by counsel for the defendant as follows:
The execution of the contract is not questioned, and defendant admits havingdischarged the plaintiff. On the record before us the plaintiff made a prima facie case by proving the contract, testimony that he had performed it up to the time of his discharge, and proof of damages. The defendant then had the affirmative of proving that plaintiff had breached the contract, and...
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...action in equity for specific performance of an employment contract. Pepsi-Cola also relies on the even older Saari v. George C. Dates & Assoc., 311 Mich. 624, 19 N.W.2d 121 (1945), for the proposition that an employee must prove his own performance in making out a prima facie case for wron......
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