Gannett Co. The point of these cases is that, while a by-law or statute may empower the board of directors to strip an officer of his title and corporate authority, it does not follow that the board is also empowered to disregard contractual obligations with impunity.
At the very least, this is not a defense upon which summary judgment may be predicated. An employer may discharge an employee even one hired for a definite term without incurring liability if just cause exists for terminating the employment contract.
Masonite Corp. Handshoe, Miss. It is not necessary for the employer to assign any specific grounds at the time of dismissal; simply that such grounds existed at the time of discharge. He admits that he had been involved in the incorporation of American Hydraulics, Inc. Suffice it to say that, between the company's allegations and Short's recriminations, there are myriad factual disputes left unresolved by the many exhibits and affidavits in the record of this case.
Issues relating to whether the conduct of a party results in a breach of contract are best left to trial. Wright v. Stevens, So. In most cases, the question of whether an officer exercised his best efforts for the benefit of his employer is exclusively within the province of the finder of fact. Madreperla v. Willard Co. Twin Disc, Inc. When Short was relieved of his duties in March, , the Company refused to pay him for any work performed between March 15 and March The general rule is that an employer is not obligated to continue to pay the salary of an employee who has been demonstrated to be dishonest or disloyal:.
Aeronautics Forwarders, Inc. Under these general principles of agency, the suspension of the company's duty to pay salary must be predicated upon a showing of the employee's breach of duty, fiduciary or otherwise.
Since the issue as to whether Short was indeed guilty of a breach of any duty to his employer must be submitted to a jury, the Circuit Court's grant of summary judgment on this issue must also be set aside. If upon trial the Court should find that, during the relevant pay period March , , Short was engaged in activities detrimental to his employer and in breach of his contract of employment, then the proper predicate would exist to cause a forfeiture of his salary for this period.
In sum, we hold that the Circuit Court erred when it entered judgment summarily in favor of Columbus Rubber and against Short. That judgment is reversed and this case is remanded to the Circuit Court with instructions that it be restored to the active docket of that court for further proceedings as may be appropriate as though the motion for summary judgment had been denied. LEE, P. Beech Holdings, Inc.
Columbus Rubber and Gasket Co. Receive free daily summaries of new opinions from the Supreme Court of Mississippi.
Short v. Annotate this Case. SHORT v. Supreme Court of Mississippi. November 30, Rehearing Denied December 28, Hunter M. Gholson, Katherine S. The text of the resolution which assumes some importance was as follows: The President then opened the floor for nomination for officers for the ensuing year.
Whereupon, the following were elected by acclamation: President: Roger L. The shareholders resolution removing Short as director and president explains: Robert H.
Griner informed the other stockholders that he had just received information that Roger L. Robert H. Griner further informed the stockholders that he had discovered that the corporation had financially declined steadily over the last few months to the point that the creditors of the corporation were placing it on C.
Griner further informed the other stockholders that there was perhaps other matters that would cause the other officers and directors of the corporation to doubt the ability of Roger L. Short to effectively serve as president of the corporation. Short be terminated as President of the corporation and he be removed as a Director of the corporation effective as of the date of this meeting.
Short now appeals to this Court. The evidence must be viewed in the light most favorable to the party against whom the motion has been made. If in this view the moving party is entitled to judgment as a matter of law, summary judgment should forthwith be entered in his favor. Posted on August 27, Brought to you by opendius. This location is in the Southwest Airport neighborhood.
This business specializes in Electronics Parts. Posted on August 09, Brought to you by merchantcircle. Since , Columbus Gasket Co. Posted on July 10, Brought to you by dandb. Posted on March 17, Brought to you by showmelocal. If you don't see your business listed on YellowBot, please add your business listing.
YellowBot wants to get your input! If you have a comment, find a bug or think of something neat we should do, let us know. YellowBot Search what i. Recommend It? Columbus Gasket Supply Co, Inc distributes rubber injection molding, teflon envelope gaskets, custom designed gasket and teflon tape. Posted on October 26, Brought to you by cylexusa. Columbus Gasket and Supply Company, since , has been providing our customers with the Best Quality Custom Products to their exact specifications.
Conveniently located on the Southwest side of Columbus Ohio off of I, CGSC reputation is built on providing the most cost effective manufacturing solutions for our customers demanding applications.
Posted on May 08, Brought to you by superpages. Be the first cleveland. Gasket cutting, dist. Posted on November 03, Brought to you by macraesbluebook. The entry is present with us since Dec 9, and was last updated on Mar 10, In Columbus there are 2 other Rubber Products.
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