Roth v. Speck

126 A.2d 153 (1956)

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Nature of the Case

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Facts

Roth (P) was the owner of a beauty salon and agreed to employ Speck (D) for one year by a written contract. D's salary was $75 per week or a commission of 50% of gross receipts from his work whichever was greater. D remained for 6.5 months and then left. P testified that his net profits were seven percent of the gross receipts per hairdresser. P testified that he tried to hire other workers to replace D, but that resulted in various failures with P losing the profits from D's work and the additional costs to replace D. P had to let both of D’s replacements go as they were not earning their salaries. D stated that conditions in P's shop were unbearable and he had complained to P on numerous occasions and that he had also asked P for more money. Presently D was earning $100 per week. The trial court awarded P $1. P appealed.