Editing Inman v. Clyde Hall Drilling Co.
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'''Facts''' | '''Facts''' | ||
Plaintiff worked for the Clyde Hall Drilling Company as a derrickman under a written contract of employment signed by both parties. His employment was terminated on March 24, 1960, and he commenced an action against the company claiming that he was fired without justification on April 5. The company denied that it had breached the contract, and moved for summary judgment on the ground that he had failed to give written notice of the claim as required by the contract 30 days prior to filing the claim. | Plaintiff worked for the Clyde Hall Drilling Company as a derrickman under a written contract of employment signed by both parties. His employment was terminated on March 24, 1960, and he commenced an action against the company claiming that he was fired without justification on April 5. The company denied that it had breached the contract, and moved for summary judgment on the ground that he had failed to give written notice of the claim as required by the contract 30 days prior to filing the claim. | ||
'''Procedural History''' | '''Procedural History''' | ||
The motion was granted and judgment entered in favor of the company. Plaintiff appealed. | The motion was granted and judgment entered in favor of the company. Plaintiff appealed. | ||
'''Issues''' | '''Issues''' | ||
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Whether when he was discharged the company repudiated the employment agreement, thus excusing the plaintiff from any further performance including the notice of claim. | Whether when he was discharged the company repudiated the employment agreement, thus excusing the plaintiff from any further performance including the notice of claim. | ||
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Judgment affirmed for the defendant. | Judgment affirmed for the defendant. | ||