James Jackson vs. Jackson, Johnson & Murphey

This litigation is between a former shareholder of the defendant accounting corporation. These parties entered into an employment contract together with a deferred compensation agreement. After two years, each party claimed the other was in material breach: the Plaintiff asserted a breach because, inter alia, the Defendant refused to treat him as an employee, while the Defendant asserted a breach because the Plaintiff prepared a number of tax returns [66], inter alia, for clients of the firm without recourse to the firm. The trial court found that no mutual material breaches had occurred, and that the Plaintiff was entitled to recover the balance of his deferred compensation which had been terminated by the Defendant owing to the Plaintiff's alleged breaches. The judgment is modified.