Nature of the Case
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Facts
P was employed by D under a written contract as controller for D for a period of five years. P was given the option to renew that contract for three additional five-year terms with that option to be exercised six months prior to the end of each term. P got a weekly salary of $200 and an annual bonus of 10% of the net profits. The contract was given unanimous consent by the board, officers and shareholders in 1953. P was discharged in 1955. P sued D for breach of contract for wrongful discharge. P sought the value of all the monies he would have earned for the term of the contract less any amounts he would have earned from other employment. The jury found the discharge was without good cause. The jury also found the damages up to trial were $20,277. It also found that P would earn $156,000 salary under the contract up to its termination from the time of the trial. The jury allowed no bonus after the time of trial. The jury found that P’s future earnings would be $78,000. P got a judgment for $3,116.24 and for the $98,277 that the jury found. Execution was stayed as to the $78,000 found to be P’s damages from the date of the trial to the end of the contract. D appealed; there can be no damages beyond the date of the trial because it cannot be shown with reasonable certainty whether P will be damaged and by how much.
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