The Archive · 1921

Alleged Breach of Contract

Damages Claimed: Depression in Piece Goods Trade At H. M. Supreme Court on Tuesday, his Honour Judge Skinner turner heard an action brought ky Mr. H. E. S. Pickering against A. E. S. Thompson ('Trading as A. E. 8. Thompson & Ca.), for damages arising out of breach of an employment contract.

Mr. E. L. Hartopp appeared for plaintiff, and Mr. J. H. Teesdale for defendant.

The plaintiff claimed Tls. 9,770 and £622 damages for wrongful dismissal, in the following circumstances as set out in the statement of claim:

By an agreement contained in a letter from the defendant to plaintiff, dated May 21, 1920, and a letter from plaintiff to defendant dated on or about May 22, 1920, the plaintiff was engaged by the defendant to assist him in his business of a merchant for a term of five years from August 1, 1920, at a salary of Tls. 450 per month for the first year, Tls. 475 for the second year, Tls. 500 for the thied, Tls. 525 for fourth, and Tls. 550 for the fifth year.

It was a term of this agreement that at the conclusion of the fifth year, plaintiff was to get six months holiday (meaning in England) on pay at the rate of £60 per month, and first class return passage money. The defendant also agreed to pay the medical fees of the plaintiff.

In pursuance of this agreement, plaintiff entered into the service of the defendant and continued therein until he was wrongfully dismissed. By a letter dated November 30, 1920, defendant wrongfully terminated the agreement at the end of December. In or about the third week of December, defendant verbally withdrew the notice of dismissal and plaintiff continued io the defendant's employment at his request until January 20, when defendant by a letter of that date confirmed the wrongful termination of the plaintiff's employment and dismissed him. Particulars of damage Estimated loss of salary Tls. 9,590 Medical fees for 44 years at Tls. 60 per annum 270

Tls. 9,770

Cost of first class return passage between Shanghai England £262 Six months pay while in England at £60 per month 380

£622

Text read from the printed page and cleaned; old type leaves the occasional error.

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