111 Ga. 371 | Ga. | 1900
Suit was brought by Moore, doing business, under the name of V. A. Moore & Co., against Kelly & Jones. Co., for the balance of plaintiff’s salary under a contract of employment for one year at a salary of $200 per month. The-petition contained many allegations which were useless and superfluous. The defendant demurred generally and specially,, some of the grounds of demurrer being as useless and superfluous as the allegations of the petition just referred to. The plaintiff amended his petition by striking therefrom some of the allegations, and thus reduced it to substantially the following: The defendant company is indebted to plaintiff in the sum of $1,000 for salary covering the period from September 12, 1898, to February 12, 1899, inclusive. This indebtedness arose in the following manner: In January, 1898, plaintiff received a letter from defendant seeking plaintiff’s .services as. sales agent, the letter concluding with a request for statement of what salary per year, payable monthly, plaintiff would require. Plaintiff replied, January 29, 1898, that he would take business at $3,000 per annum, payable $250 per month, and discontinue some smaller lines he had already. Defendant replied, February 4, 1898, that it could not pay amount asked, but would pay at the rate of $200 per month, and, if the sales justified, even more. Defendant wired plaintiff to come to Pittsburg, Penn., which plaintiff did. Defendant then renewed proposition to employ plaintiff as sales agent for certain States for one year, at a salary payable monthly at rate of $200 per
Judgment reversed.