Summary
finding of substantial performance leads to inference of dismissal without good cause
Summary of this case from Hadra v. Herman Blum Consulting EngineersOpinion
No. A-8209.
June 21, 1961. Rehearing Denied July 19, 1961.
Appeal from the District Court, Harris County, Ewing Werlein, J.
Dixie Schulman, Smith Lehmann, Houston, for petitioner.
Fulbright, Crooker, Freeman, Bates Jaworski, Houston, M. W. Parse, Jr., and L. Keith Simmer, Houston, with above firm, for respondent.
The Court of Civil Appeals has held that where an employer wrongfully breaches a contract of employment prior to the time it has been completely performed, the employee is not limited to damages accruing to the date of trial but may recover in one action his damages for the full term. 341 S.W.2d 530. We approve this holding for the reasons stated by the Court of Civil Appeals in its opinion, although it is contrary to statements made in Lichtenstein v. Brooks, 75 Tex. 196, 12 S.W. 975; Niles v. Parsons, Tex.Civ.App., 239 S.W.2d 740 (no writ); Golden Rod Mills v. Green, Tex.Civ.App., 230 S.W. 1089 (wr. dis.); and Louisiana Rio Grande Canal Co. v. Quinn, Tex.Civ.App., 161 S.W. 375 (no writ). The points of error brought forward by the parties afford no basis for disturbing the judgment of the Court of Civl Appeals reversing and remanding the casue for a new trial, and each application for writ of error is refused, no reversible error.