Wednesday, December 18, 2013

Inman v. Clyde Hall Drilling Co. case brief

Inman v. Clyde Hall Drilling Co. case brief summary
369 P.2d 498 (1962)

Appellant sought review of an order granting summary judgment in favor of appellee, based upon a finding that appellant's action was barred due to his failure to comply with the notice provision in the contract upon which his suit was based.

Appellant sued for damages arising out of an employment contract. The contract contained a provision requiring employees to provide written notice of a claim prior to commencing suit. Appellant failed to provide such notice, and the trial court granted summary disposition in appellee's favor. Appellant sought review, contending that a provision making written notice of a claim a condition precedent to recovery is contrary to public policy.


  • In affirming the judgment, the court noted the absence of any evidence suggesting that the provision resulted from an unfair motive or was designed to deprive workers of their rights. 
  • Further, appellant failed to show that the contract terms were imposed upon him without freedom of choice on his part. 
  • In the absence of such evidence, the court found no public policy basis for relieving appellant from adhering to the terms of the parties' agreement.

The trial court's judgment was affirmed as the contractual requirement that appellant provide a notice of claim prior to commencing suit was not unfair or unreasonable and was thus not in violation of public policy.

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