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Embry v. Hargadine, McKittrick Dry Goods Co.

- 105 S.W. 777

Contributed by ALAB

Boss insinuates that employee's contract will be renewed. Regardless of the boss's intention, a contract was formed because a reasonable person would have interpreted the boss's words as a promise.

ICRA

Issue

Does the formation of a contract require the actual intention of both parties to be bound, or is a manifestation of assent (regardless of actual intention) sufficient to form a contract?

Conclusion

If the facts surrounding formation are as Embry alleges, then an enforceable reemployment contract was formed.

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Rule

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Analysis

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum

Brief Facts & Holding

Facts

  • Plaintiff Embry was employed by Defendant Hargadine, but his contract was about to expire. Embry goes to boss and says “I quit now unless I am getting renewed.” Boss says “you’re all right, don’t worry about it.” Embry understands this to mean he is rehired, and continues working for Hargadine. Boss fires him three months later. Boss denies making the statement in question and says he had no intention of rehiring. Embry sues for breach. Trial court instructs jury that to find for Embry they must find 1) that the convo happened as stated and 2) both parties intended it to constitute a contract. Jury delivers a verdict for Hargadine. Embry appeals.

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Holding

  • Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
  • A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
  • A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
  • An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
  • jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
  • proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
  • jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
  • jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
  • Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
  • Enforcement of a judgment without jurisdiction denies due process!
  • Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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Embry v. Hargadine, McKittrick Dry Goods Co.

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