184 Ind. 342 | Ind. | 1916
This action is for the recovery of salary alleged to be due under a certain written contract by which appellee agreed to become and act as superintendent of the plant of appellant at Portland. That clause of the contract which gives rise to this controversy is as follows:
“As a guarantee of the faithful performance of contract the party of the second part (appellee) promises to deposit in the First National Bank, of Portland, Indiana, the sum of ($50.00) Fifty Dollars each month for a period of six (6) months, beginning August 1, 1910, and*344 the same to be left bn demand in this bank, provided the party of the second part willfully violates this contract by leaving the employment of this company (appellant) without permission being granted by the board of directors.”
Appellee began work as superintendent on June 1, 1910, and continued as such superintendent until February 16, 1911. Subsequent to the execution of said contract, however, the quoted part thereof was modified by parol in that the $50 each month was to be retained by the company and credited to appellee on the books of such company. It is on this parol change in the contract that this controversy turns. Appellant contends that under this parol change the amount of $300 was to be retained by it during the entire life of the contract of employment — two years — and if, at any stage thereof, appellee quit said employment without cause, the amount was to be forfeited and to be retained by appellant as liquidated damages for the breach of the contract. Appellee insists, however, that $50 of his salary was to be left with appellant for each of the first six months of his employment or until the sum of $300 was so credited to him, when he should be entitled to draw the same; that on the last pay day in January, 1911, appellant had thus retained of appellee’s salary the sum of $300. There was a conflict in the evidence on this point. The complaint was in three paragraphs. Answer in denial, plea of payment and set-off. Eeply to affirmative answers in denial. Trial by jury, verdict for appellee in the sum of $300 and judgment accordingly.
Note. — Reported in 111 N. E. 184. See, also, under (1, 2) 31 Cyc 670; (4) 31 Cyc 368, 403; (5) 3 Cyc 348.