Gallon v. Lloyd-Thomas Co.

264 F.2d 821 (8th Cir. 1959)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Gallon (P) worked for Lloyd-Thomas (D) as a salesman. P's work had been unsatisfactory, and he had constantly overdrawn his account and owed D money. An officer of D informed P that he was being investigated by the Justice Department for bigamy. P had applied to become a permanent resident of the U.S. because of his marriage to a U.S. citizen, but P was allegedly also married to a citizen of Great Britain. After numerous threats of deportation at a meeting with officers of D, P broke down. The officers of D agreed to see if they could stop the investigation by the Justice Department and prevent P's deportation. Based on these threats and D's assurance of stopping the deportation, P agreed to a new employment contract to repay $15,000 in overdrafts and to give up his right to payments for prior jobs. P was represented by counsel at the time the contract was signed. For the next seven-month period, P never objected to the new contract and received his substantially reduced pay and benefits. P subsequently quit and sued for damages. The trial court entered a judgment in favor of the D; P appealed.