Hodowanec v. American Trailer Service, Inc.

Supreme Court of Minnesota

Hodowanec v. American Trailer Service, Inc.

207 N.W.2d 701, 296 Minn. 523, 1973 Minn. LEXIS 1263

CourtSupreme Court of Minnesota

DecidedMay 25, 1973

DocketNo. 43848

StatusPublished

This text of 207 N.W.2d 701 (Hodowanec v. American Trailer Service, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hodowanec v. American Trailer Service, Inc., 207 N.W.2d 701, 296 Minn. 523, 1973 Minn. LEXIS 1263 (Mich. 1973).

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Opinion

Per Curiam.

Plaintiff obtained an order for judgment in St. Paul municipal court against defendant, his former employer, for vacation pay which he claimed defendant owed him. Defendant appeals from an order denying its motion for a new trial. We affirm.

Plaintiff based his claim for vacation pay on an alleged oral promise made by an officer of defendant upon plaintiffs immediate rather than delayed, termination of employment. Defendant does not challenge the trial court’s findings, on conflicting evidence, that there was such a promise but contends that it was a wholly gratuitous and unenforceable promise unsupported by any legal consideration from plaintiff.

We decline to consider this contention. Both plaintiff and defendant appeared pro se (the latter by its president) at the trial. The record is clear that the single issue presented was whether the promise to pay vacation pay was in fact made. Defendant in no manner raised, nor even suggested, the issue of lack of consideration. Thus, neither was plaintiff afforded an opportunity to rebut this claim by showing detrimental reliance, nor was the court required to pass upon it. It is elementary that the issue cannot be raised for the first time on appeal. See, Lohman v. Edgewater Holding Co. 227 Minn. 40, 33 N. W. 2d 842 (1948). Since the evidence admittedly supports the court’s finding, we are compelled to affirm.

Affirmed.

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Per Curiam.

Plaintiff obtained an order for judgment in St. Paul municipal court against defendant, his former employer, for vacation pay which he claimed defendant owed him. Defendant appeals from an order denying its motion for a new trial. We affirm.

Plaintiff based his claim for vacation pay on an alleged oral promise made by an officer of defendant upon plaintiffs immediate rather than delayed, termination of employment. Defendant does not challenge the trial court’s findings, on conflicting evidence, that there was such a promise but contends that it was a wholly gratuitous and unenforceable promise unsupported by any legal consideration from plaintiff.

We decline to consider this contention. Both plaintiff and defendant appeared pro se (the latter by its president) at the trial. The record is clear that the single issue presented was whether the promise to pay vacation pay was in fact made. Defendant in no manner raised, nor even suggested, the issue of lack of consideration. Thus, neither was plaintiff afforded an opportunity to rebut this claim by showing detrimental reliance, nor was the court required to pass upon it. It is elementary that the issue cannot be raised for the first time on appeal. See, Lohman v. Edgewater Holding Co. 227 Minn. 40, 33 N. W. 2d 842 (1948). Since the evidence admittedly supports the court’s finding, we are compelled to affirm.

Affirmed.

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Bluebook (online)

207 N.W.2d 701, 296 Minn. 523, 1973 Minn. LEXIS 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodowanec-v-american-trailer-service-inc-minn-1973.

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