dissenting.
I respectfully dissent from the majority opinion in this case. On the basis of the facts as disclosed in the majority opinion and the application of what I deem to be controlling legal principles I am convinced that the defendants had the right to discharge the plaintiff and be relieved from any further liability on the contract of employment.
*458The majority opinion discloses, as I view the situation, that the plaintiff was guilty of a substantial breach of the contract. This, again as I view the situation, gave the defendants the right to rescind the contract. See 12 Am. Jur., Contracts, § 440, p. 1020, et seq.
In legal contemplation the right of defendants to rescind for substantial breach by the plaintiff is not barred by the provision of the employment agreement that “this contract may be terminated only by mutual agreement, or by the operation of law.”