Inman v. Clyde Hall Drilling Co.
|Inman v. Clyde Hall Drilling Co.|
|Court||Supreme Court of Alaska|
|Citation||369 P.2d 498 (1962)|
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.
The motion was granted and judgment entered in favor of the company. Plaintiff appealed.
Whether the contract stating that no suit would be instituted prior to 6 months after the filing of the written notice of the claim was designed from an unfair motive to unjustly take advantage of employers.
Whether when he was discharged the company repudiated the employment agreement, thus excusing the plaintiff from any further performance including the notice of claim.
Judgment affirmed for the defendant.
There was nothing to suggest that there was any substantial inequality in bargaining positions between Inman and the Company, thus the court must enforce the terms of the transaction.