Glyn v. Miner
New York Court of Common Pleas
Appeal from trial term. Action by Charles A. Glyn against Julia Miner for breach of a contract of employment, which provided, among other things, “that it is further understood and agreed that, should said services not be deemed satisfactory by said party of the first part, [the employer,] this agreement can be terminated by said party of the first part giving one week’s notice of her intention so to do, and that from and after the expiration of the said week this agreement…
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Appeal from trial term. Action by Charles A. Glyn against Julia Miner for breach of a contract of employment, which provided, among other things, “that it is further understood and agreed that, should said services not be deemed satisfactory by said party of the first part, [the employer,] this agreement can be terminated by said party of the first part giving one week’s notice of her intention so to do, and that from and after the expiration of the said week this agreement shall be at an end, and the parties released from the obligations thereof.” From a judgment dismissing the complaint,…
1Opinion of the Court
PEE CUEIAM.
The language of the contract is equivalent to a stipulation that the employer might dismiss the plaintiff at pleasure. It provides that he may do so when he deems the service not satisfactory; the tenure of the employment, therefore, depending solely upon his opinion or judgment, for which the opinion or judgment of the court or jury cannot be substituted, as the question involved is not one of performance, but of the employer’s appreciation or estimate of the manner of performance. The relations of master and servant are private, confidential, intimate, and personal. *342The death of…
2Cases cited4 opinions
- Tyler v. AmesNew York Supreme Court · 1872
- Brand v. GodwinNew York Court of Common Pleas · 1890
- Brand v. GodwinNew York Court of Common Pleas · 1890
- Johnson v. BindsellNew York Court of Common Pleas · 1890
3Cited by1 opinion
- Coats v. General Motors Corp.California Court of Appeal · 1934