Sigman v. Rudolph Wurlitzer Co.

• Decision Date: 08 February 1937
• Citation: 57 Ohio App. 4,11 N.E.2d 878
• Parties: SIGMAN v. RUDOLPH WURLITZER CO.
• Court: Ohio Court of Appeals

11 N.E.2d 878

57 Ohio App. 4

SIGMAN v. RUDOLPH WURLITZER CO.

Court of Appeals of Ohio, First District, Hamilton.

February 8, 1937

Harmon Colston, Goldsmith & Hoadly and Henry B. Street, all of Cincinnati, for appellant.

Roy Manogue and J. Lewis Homer, both of Cincinnati, for appellee.

TATGENHORST Presiding Judge.

This is an appeal on questions of law from the court of common pleas of Hamilton county.

Suit was instituted by the appellee, Thurse Sigman, to recover from the appellant, the Rudolph Wurlitzer Company, the amount of a pension claimed to be due him by reason of his compliance with the terms of the pension requirements.

The appellant was engaged in the business of manufacture and sale of musical instruments. The appellee had been in the employ of the appellant for more than twenty-seven years, when he was discharged because it had no further employment to which he was suited. He had served appellant as order clerk salesman on the road, manager of its Victrola department wholesale and retail, and manager in charge of its wholesale radio department.

From time to time during his employment, the appellant issued booklets containing various declarations covering the institution of a pension system, applicable to its employees and including the appellee. That such program was calculated to and did induce continued service in the corporation there can be no question. It constituted a continuing offer on the part of the company, which was continuously accepted by the employees who preserved their status with the company. We quote from the booklet:

'He who serves best receives most.

'Rules for Your Success

'And the policy outlined for your welfare

'The Rudolph Wurlitzer Co.

'Chicago, Cincinnati, New York, and all principal cities

'For You

'This booklet was written for you. It was written for your interest and the attention of every employee thruout the enormous organization of The Rudolph Wurlitzer Co. 'There is something on every page of this booklet that should be of vital importance to you, that is, of course, if you desire to become successful with the vast amount of opportunities before you. The employees who shoulder the greatest responsibilities and have become most successful in our organization today are only those who have strictly adhered to and closely observed the simple but necessary rules and policies.

'After all, the important part of any rule is the spirit of it. This is gained by understanding the wisdom and necessity of the rule, and not by mere obedience because it is a rule. No rule seems hard when you see that it is wise--worked out from experience--made necessary by existing conditions.

'Every possible method has been outlined for your welfare and protection while in our employ. Your saving, bonus, compensation for promptness and efficiency, protection during sickness, pension and insurance has all been thoroughly explained in this booklet.

'All that we ask is that you kindly read every page and feel that you are a part of an organization which is doing everything within its power for your success and welfare.

'The Rudolph Wurlitzer Co.

'Pension System

'In order to take care of our loyal and trustworthy employees when old age overtakes them, we have put in this pension system: We will pay 2% on the entire amount you have earned each year, which will be paid to you in monthly instalments, and as long as you live. The largest pension we pay any one is $100.00 per month, or $1,200.00 a year. For example, we will take an employe that has earned $900.00 per year:

'Worked 10 years at $900.00 a year -- $9,000.00. Pension, $15.00 per month.

'Worked 15 years at $900.00 a year --$13,500.00. Pension, $22.50 per month.

'Worked 20 years at $900.00 a year --$18,000.00. Pension, $30.00 per month.

'Worked 25 years at $900.00 a year --$22,500.00. Pension, $37.50 per month.

'Worked 30 years at $900.00 a year --$27,000.00. Pension, $45.00 per month.

'From the above table you can easily figure what your pension would amount to.

It pays to be loyal. A rolling stone gathers no moss.'

At the bottom of the pages of the booklet are interesting statements designed apparently to encourage industry, faithfulness, loyalty, and continued service with the company. Among them, appears the following:

'No man in this world ever rightfully receives more than he gives.--Adams.

'A man with push can get there, but it takes a man with character to stay there.--Shepherd.

'Forget the past. Success lies in the future.

'No one can cheat you of final success but yourself.'

There is much good advice contained in the pamphlet, and the whole effect is to produce a feeling of confidence in the fairness and sincere concern of the company for the welfare of the employee.

It is a little difficult for the court to reconcile the present attitude of appellant with the many assurances of concern for the benefit of the employees contained in the pamphlet. As previously stated, in considering another pamphlet issued by this company (Wilson v. Rudolph Wurlitzer Co., 48 Ohio App. 450, 194 N.E. 441), fraud is never presumed, and where two constructions are possible, one of which requires a finding of...