Kitchen v. Stockman National Life Insurance Co.

192 N.W.2d 796, 1971 Iowa Sup. LEXIS 818
CourtSupreme Court of Iowa
DecidedDecember 15, 1971
Docket54663
StatusPublished
Cited by18 cases

This text of 192 N.W.2d 796 (Kitchen v. Stockman National Life Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kitchen v. Stockman National Life Insurance Co., 192 N.W.2d 796, 1971 Iowa Sup. LEXIS 818 (iowa 1971).

Opinion

RAWLINGS, Justice.

Action at law by plaintiff, Jerome H. Kitchen (Kitchen), seeking damages from defendant, Stockman National Life Insurance Company (Stockman), for breach of employment contract and recovery of un-reimbursed moving expenses. By counterclaim defendant seeks reimbursement for portion of moving costs paid on plaintiff’s behalf. Trial to the court resulted in judgment for plaintiff and dismissal of the counterclaim. Defendant appeals. We affirm.

The basic question posed is whether plaintiff’s employment by defendant was for an initial period of one year or at will.

The latter part of 1966, while employed by another life insurance company and residing in Roseville, Michigan, Kitchen was contacted by Dick Evans, Stockman’s Director of Manpower Development, regarding employment with Stockman as its branch manager at Cedar Rapids, Iowa.

Ensuing negotiations culminated in delivery to Kitchen in Roseville of a letter dated March 30, 1967, from Evans (plaintiff’s Exhibit 1), with which there was transmitted a same date “Letter of Understanding” (plaintiff’s Exhibit 2), signed by Roy F. Dulin, Stockman’s Agency Vice-President. Two days later, pursuant to Evans’ instructions (plaintiff’s Exhibit 1), Kitchen signed and returned to Dulin the aforesaid “Letter of Understanding”. It states:

“Effective April 1, 1967 you are hereby appointed Branch Manager for our Company Office in Cedar Rapids, Iowa. The salary for this position is $12,000.00 per year, plus 2% override on first year premiums produced by your full time men and received in cash at the Home Office.
“You will be reimbursed necessary expenses incident in carrying out the responsibility of this position, such as reasonable expenses for recruiting including advertising and lunches. Your office will be maintained and furnished at company expense, including telephone expenses. An advance of $100.00 will be given you to cover necessary operating expenses.
“Your moving expenses will be paid by the Company to move you and your family to Cedar Rapids, Iowa. You will be reimbursed 10‡ per mile for the transportation of your car from Detroit, Michigan to Cedar Rapids, Iowa. It will be necessary for you to move to Cedar Rapids as soon as you can locate a suitable residence for your family.
“You will be entitled to participate in our group insurance program commensurate with your salary.
“By accepting this appointment you have assumed the responsibility for the development of manpower, the production of new business and the servicing of old business within your assigned area. *799 The Company will expect a reasonable quota of production and will allocate a reasonable budget for the operation of your branch office.
“Our Agency Department is composed of men of considerable experience, who will assist you in every way possible in developing your office. Our Director of Home Office Training and Recruiting will assist you by holding periodic schools in your area and will aid you in your recruiting program.
“May we take this opportunity to welcome you to the Stockman National Life family. We assure you that the services of the entire Home Office staff are at your disposal and all efforts will be made to help you obtain your goals.”

Effective April 1, 1967, Kitchen terminated the association with his prior employer in order to accept the position with Stockman, and about April 4th opened an office for Stockman in Cedar Rapids. Kitchen there immediately recruited salesmen and performed other tasks incident to the opening and operation of these quarters.

April 17th Kitchen received from Dulin personally a $500 advance check from Stockman to aid Kitchen in securing Cedar Rapids housing accommodations.

April 18th Dulin, while visiting in Cedar Rapids, told Kitchen a proxy fight was pending within Stockman but they had the situation under control and Kitchen should proceed as planned.

May 18th Kitchen moved his family to Cedar Rapids as directed. He was reimbursed by Stockman for all but $204.80 of the attendant expenses. A day or two after arrival in Cedar Rapids, with his family, Kitchen received from Dulin a communication (plaintiff’s Exhibit 5), bearing date May 19, which, in relevant part, states:

“I have tried repeatedly to contact you by telephone since yesterday morning but since you have not returned my calls to date I must take this means to inform you of the latest Company plans.
“The Company has decided to close the office in Cedar Rapids and to terminate all field employees who now draw a salary. * * * [T]his letter is to notify you that your employment with Stock-man National Life Insurance Company will be terminated officially on May 31, 1967.
“The Company has agreed to assume the expense of transporting your personal belongings from Cedar Rapids to Detroit and they will pay any expenses you have incurred on behalf of the Company. You will be paid your regular salary through May 31st and you will be mailed your final check on that date. The $100.00 advance on out-of-pocket expenses which you received will be deducted from the paycheck. In addition to this, it will be necessary that you return the $500.00 loan, less any payments that have been deducted from your paychecks, as soon as possible.
“ * * *
“Dick Evans will be in contact with you this weekend to make any necessary arrangements for closing out your office, and also to take charge of any manpower that has been recruited.”

Kitchen encountered difficulty in securing regular remunerative employment within the ensuing year.

In course of trial Stockman attempted to introduce in evidence, as a business record, an unsigned interoffice memorandum (defendant’s Exhibit 25), bearing date June 12, 1967, purportedly from Dulin to Tom Gentry, Stockman’s President. This exhibit is nothing more nor less than a collation of Kitchen related events commencing April 1st, as remembered by Dulin, with attendant opinions allegedly expressed by Dick Evans.

Gentry testified, but neither Dulin nor Evans were called as witnesses. Kitchen’s. *800 hearsay and self-serving objections to Exhibit 25 were sustained.

As best we can determine from defendant’s argumentative assignments, it here contends trial court erred in (1) overruling defendant’s motion to strike all testimony regarding existence of a contract and claimed damages for any part of 1968, because it was violative of the Statute of Frauds, Code § 622.32; (2) sustaining plaintiff’s objections to defendant’s Exhibit 25; (3) overruling defendant’s motion for a directed verdict premised upon absence of any right to recovery of damages by plaintiff because the contract was terminable at will; (4) finding and holding contrary to the pleadings and evidence regarding moving expenses and award of damages.

These asserted errors will not necessarily be considered separately or in the order assigned.

I.

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Bluebook (online)
192 N.W.2d 796, 1971 Iowa Sup. LEXIS 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kitchen-v-stockman-national-life-insurance-co-iowa-1971.