(Download) "Home Equipment Company v. Gorham." by Supreme Court Of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Home Equipment Company v. Gorham.
- Author : Supreme Court Of Indiana
- Release Date : January 08, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
SWAIM, C.J. This action was begun by the appellee by his filing a complaint in one paragraph, seeking to recover from the appellant, The Home Equipment Company, Inc., certain wages alleged to be due. The appellant filed an answer in two paragraphs, the first, a general denial, and the second, admitting an indebtedness of $283.55 to appellee for salary as of December 31, 1934, but alleging the execution of a contract by the appellant and its employees, including the appellee, by which contract the appellant agreed to "set aside in a separate account 1/3 of all of its net earnings that may accumulate in any future ninety days period for the benefit and payment to" its employees (including the appellee) of the amounts set opposite their respective names, "this bonus to be paid as and when it is earned" in proportion to the amount due each. The appellant further agreed that when these amounts had been paid to its employees in full another "bonus agreement" should take its place. The contract further provided that the employees, including the appellee, "hereby release the Home Equipment Company, Inc., from any claims that they may have under headings of salary holdbacks." To this second paragraph of answer the appellee filed two paragraphs of reply setting up: (1) that there had been a failure of consideration by reason of the failure and refusal of the appellant to set aside one-third of its net earnings, pursuant to the provisions of the contract; and (2) that the contract was illegal and against public policy. The appellant also filed a cross-complaint alleging that the appellee was indebted to the appellant in the sum of $600.00.
 "Home Equipment Company v. Gorham." by Supreme Court Of Indiana # eBook PDF Kindle ePub Free){kind=link}