Medical Oncology Hematology Group, P. C. v. Goldklang
Medical Oncology Hematology Group, P. C. v. Goldklang
Opinion of the Court
On August 1, 1979, Medical Oncology Hematology Group, P.C. (corporation) entered into an employment agreement with Gerald A. Goldklang, “a physician, licensed to practice medicine in the State of Georgia,” (defendant), whereby defendant was to perform medical services on behalf of the corporation. Defendant was associated with the corporation from August 1, 1979, until December 1, 1983. Thereafter, defendant “opened separate offices” and continued to practice medicine.
On January 17, 1984, the corporation filed a lawsuit against defendant alleging defendant breached the employment contract. The corporation further alleged that defendant engaged in tortious activi
In its sole enumeration of error, the corporation contends “[t]he trial court erred in finding as a matter of law that the employment agreement had been terminated.”
“ ‘Where the terms of the contract are plain and unambiguous, their construction is for the court rather than the jury.’ State Hwy. Dept. v. MacDougald Constr. Co., 102 Ga. App. 254, 255 (4) (155 SE2d 863). ‘The construction of a contract is a question of law for the court.’ Code § 20-701 [now OCGA § 13-2-1].” Gilreath v. Argo, 135 Ga. App. 849, 852 (5) (219 SE2d 461). In the case sub judice, it is undisputed that paragraph 6 (b) of the employment contract provided that the employment agreement would be terminated “[o]ne year from the date set forth in this Agreement [August 1, 1979].” Notwithstanding the corporation’s contrary assertions, we find this provision clear and unambiguous. Consequently, the trial court did not err in finding that defendant’s employment had terminated by the terms of the contract. See Trimier v. Atlanta Univ., 141 Ga. App. 546 (234 SE2d 342).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.