McKittrick “said [to his employee Embry, who was inquiring about the renewal of his expired contract]: ‘Go ahead, you're all right. Get your men out, and don't let that worry you.’” McKittrick’s utterance was in response to Embry’s insistence that “he had been put off twice before and wanted an understanding or contract at once so that he could go ahead without worry.” Embry’ needed an “understanding or contract at once” because he was the head of a sales force, and, as McKittrick knew, the hiring season for salesforce personnel was drawing to a close.
The question before the court is whether McKittrick, in making his utterance, promised to renew Embry’s employment.