Gallon v. Lloyd-Thomas Co.

264 F.2d 821 (8th Cir. 1959)

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Facts

Gallon (P) worked for Lloyd-Thomas (D) as a salesman. P's work had been unsatisfactory, and he had constantly overdrawn his account and owed D money. An officer of D informed P that he was being investigated by the Justice Department for bigamy. P had applied to become a permanent resident of the U.S. because of his marriage to a U.S. citizen, but P was allegedly also married to a citizen of Great Britain. After numerous threats of deportation at a meeting with officers of D, P broke down. The officers of D agreed to see if they could stop the investigation by the Justice Department and prevent P's deportation. Based on these threats and D's assurance of stopping the deportation, P agreed to a new employment contract to repay $15,000 in overdrafts and to give up his right to payments for prior jobs. P was represented by counsel at the time the contract was signed. For the next seven-month period, P never objected to the new contract and received his substantially reduced pay and benefits. P subsequently quit and sued for damages. The trial court entered a judgment in favor of the D; P appealed.

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