Slay v. Hess
| Decision Date | 23 June 1949 |
| Docket Number | 8 Div. 478. |
| Citation | 41 So.2d 582,252 Ala. 455 |
| Parties | SLAY v. HESS et al. |
| Court | Alabama Supreme Court |
Smith & Tompkins, Jas. E. Smith, Jr. and Jas H. Tompkins, of Tuscumbia, for appellant.
Andrews & Almon and Clopper Almon, of Sheffield, for appellees.
The appeal is from a decree of the Circuit Court, in Equity, of Colbert County, Alabama, granting a temporary injunction. Title 7, section 1057, Code of 1940.
Upon the filing of the bill, and in accordance with the provisions of Title 7, section 1054, Code, the court set a time and place for hearing the application and ordered that notice of said hearing be given respondent as required by said section 1054, supra. The cause was submitted on the amended bill answer and affidavits of the parties and others, and resulted in the decree from which this appeal is prosecuted.
The undisputed facts are as follows: The appellant, Charles C Slay, a resident of Sheffield, Colbert County, and a veteran of World War II, was employed by the appellee, A. D. Hess, in the month of July 1947, in the business of operating and furnishing to the public a pest control service in North Alabama, known as 'Jet Pest Control Service.' The operation of the business consisted of spraying and treating dwellings and buildings with approved chemicals to eliminate all kinds of pest and insects under supervision of the Alabama Department of Agriculture and Industries. The employment of the appellant was under an arrangement whereby the appellant would be trained in the business under the provisions of the United States Government Veterans' Apprentice Training, otherwise known as the 'G. I. Bill of Rights' or 'On the Job Training.' This arrangement was with the express consent and co-operation of the appellee, A. D. Hess. The appellant at the beginning of his employment received a salary of $20.00 per week from the appellee, A. D. Hess, which amount was supplemented by the United States Government to the extent of $90.00 per month, and which weekly salary from the appellee, A. D. Hess, was increased $10.00 per week every three months. The appellant was employed by the appellee, A. D. Hess, under such arrangement for a period of nine months, from about July 1, 1947 to April 1, 1948. During the period of such employment the appellant was required to attend school at the Sheffield High School in Sheffield, Alabama, at regular times, and to study so as to become proficient in such type of work.
On or about September 30, 1947, the appellant, while being so employed by the appellee, A. D. Hess, under the arrangement set forth above, was requested by the appellee, A. D. Hess, to enter into a written contract of employment, a copy of which written contract is marked exhibit '1' to the bill of complaint. The pertinent paragraphs of the contract of employment so far as this appeal is concerned are as follows:
'5. This contract shall be effective on the 15th day of September, 1947, and shall continue in effect until either party terminates it by giving two weeks notice in writing to the other party, except that the last clause of this contract (6) may not be terminated except by the party of the first part.
After the execution of said contract the appellee, A. D. Hess, sold a one-half interest in and to the business to appellee, T. E. Gerber, after which the appellees operated the business as partners.
The appellant continued to work in the employment of the appellees, A. D. Hess and T. E. Gerber, under the original arrangement of employment entered into in June of 1947, notwithstanding the written contract executed on September 30, 1947, until about June 30, 1948, which was approximately two months after the appellant's G. I. training had terminated, on which date the appellant was discharged by written notice, which notice was as follows:
'Sheffield, Alabama
'June 30, 1948.
'Mr. Charles C. Slay,
'1503-29th
'Sheffield, Alabama.
'Dear Mr. Slay:
...
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Western Grain Co. Cases, 6 Div. 374
...for temporary injunctions. Pretermitting the question of whether an appeal will lie, we apply the rule as set out in Slay v. Hess, 252 Ala. 455, 458, 41 So.2d 582, 584, where the court said: 'In passing on the application for the issuance of an injunction pendente lite, the trial court is i......
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...restriction on 50-year old, married insurance agent not reasonably related to agency's interest.) TCC relies on Slay v. Hess, 252 Ala. 455, 41 So.2d 582 (Ala.1949) and First Alabama Bancshares, Inc., 355 So.2d 681 (Ala.1977) to support its position that a five-year period is reasonable. TCC......
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...and making the decision, and, where no abuse of that discretion is shown, his action will not be disturbed on appeal. Slay v. Hess, 252 Ala. 455, 41 So.2d 582 (1949); Jones v. Jefferson County, 203 Ala. 137, 82 So. 167 (1919); Holcomb v. Forsyth, 216 Ala. 486, 113 So. 516 (1927); Boatwright......
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...the court, notwithstanding the denials filed by the respondent. West v. State ex rel. Matthews, 233 Ala. 588, 173 So. 46; Slay v. Hess, 252 Ala. 455, 41 So.2d 582. There is no evidence that the court abused its Affirmed. SIMPSON, STAKELY and GOODWYN, JJ., concur. ...