
    No. 359
    REPUBLIC BRASS CO. v. GASKILL
    Ohio Court of Appeals, Cuyahoga County
    No. 4268.
    March 26, 1923
    This opinion has not been published except in Abstract.
    CONTRACT — (1) Wrongful discharge of plaintiff constitutes a breach — (2) . Measure of damages.
    Vickery, Sullivan ■ and Levine, JJ.
    Error to Cleveland Municipal Court
    Judgment Modified
    Attorneys — Grossman & Grossman, for Republic Co.; White, Cannon & Spieth, for Gaskill.
   PER CURIAM.

Epitomized Opinion

Harry Gaskill brought suit against the Republic Brass Co. for breach of a contract claiming that he had a contract with said defendant to work as long as his services were satisfactory. He claimed that he was wrongfully discharged by the defendant. Some evidence was introduced showing that either party might terminate the contract by giving 30 days’ notice. The defendant, however, gave no notice to plaintiff. The case was tried before Judge Stevens of the Municipal Court and the jury returned a verdict for $1200. The defendant prosecuted error.. In modifying the judgment of . the lower court, the Court of Appeals held:

1. As the defendant failed to give the 30-day notice, there was a breach of contract.

2. The amount of recovery in this case is the amount that plaintiff would have earned if he had been allowed to work during.the 30 days after which he had received notice that the contract of employment was terminated, which amount would be about $265 instead of $1200.  