Stanton v. Larsh, 16002.

• Decision Date: 01 February 1957
• Docket Number: No. 16002.,16002.
• Parties: Arthur T. STANTON, Appellant, v. Everett P. LARSH, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

239 F.2d 104 (1956)

Arthur T. STANTON, Appellant, v. Everett P. LARSH, Appellee.

No. 16002.

United States Court of Appeals Fifth Circuit.

December 11, 1956.

As Corrected on Denial of Rehearing February 1, 1957.

Jos. D. Farish, Jr., Raymond R. Richardson, Farish & Farish, West Palm Beach, Fla., for appellant.

W. O. Mehrtens, Miami, Fla., Evans, Mershon, Sawyer, Johnston & Simmons, Miami, Fla., of counsel, for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

RIVES, Circuit Judge.

Appellant sued on a contract of employment to recover damages for wrongful discharge. The district court granted defendant's motion for judgment on the pleadings. See Rule 12(c), Fed.Rules Civ.Proc. 28 U.S.C.A.

The contract of employment took the form of a letter from defendant to plaintiff, the body of which read as follows:

"Confirming our final arrangements by telephone for you to join my personal organization as of May the 1st, 1951, for special assignments, intended to relieve me of many details in the management of my various activities and interests, in the belief that there will be in a few months, the development of a more definite position, determined, of course, by the developments within my organization, as well as the results which you are able to achieve in this special work —

"Your salary to start will be $400.00 per month with an expense allowance for traveling, of $100.00, per month. This salary will be increased to $500.00 as of July the 1st, 1951, plus the expense allowance of $100.00 per month, with the expectancy of reasonable success in your efforts to show up by the end of 1951, we would expect to be able to have some more definite arrangements for your duties and responsibilities as well as definite headquarters established, at which time your salary will be $600.00 per month, with no expense allowance except as incurred in the line of your duties.

"We will also allow you packing and moving expenses and storage costs of your personal effects until we can determine your permanent location.

"We believe that in this work you will have ample opportunity to use your well diversified and rounded business experience and contribute to the further development of my properties and interests.

"We are looking forward to a mutually satisfactory association."

According to the further averments of the complaint, the discussion of the future employment of plaintiff by defendant began in November of 1950. Several conversations ensued in the course of which

"The defendant was * * * advised by the plaintiff that such * * * employment would require the forced sale of plaintiff\'s laundry business at a loss, a business which defendant knew was earning the plaintiff some $10,000 a year. The plaintiff, at the same time, further advised the defendant that plaintiff had been offered an opportunity to enter into the operations of a real estate firm selling going businesses that held out great promise. * * in further conversations, the contemplated real estate transaction of the plaintiff was again discussed, and the plaintiff was advised by the defendant that, while the business opportunity offered the plaintiff the inducement of immediate gain the employment with the defendant in his several enterprises, as a long range assured income proposition, would offer more opportunities."

The letter above quoted was written in confirmation of the several conversations.

The complaint further averred:

"Plaintiff, in

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