Derocher v. Continental Mills
Supreme Judicial Court of Maine
On exceptions. Assumpsit upon an account annexed for 25i days’ work, at $1.25 =$31.87, ending June 29, 1869. The case was referred to the presiding judge, with the light of alleging exceptions.
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On exceptions. Assumpsit upon an account annexed for 25i days’ work, at $1.25 =$31.87, ending June 29, 1869. The case was referred to the presiding judge, with the light of alleging exceptions. The judge found, as matter of fact, That tlie defendants are a corporation and operators of a large cotton mill in Lewiston; that the plaintiff is a minor, and that she was emancipated by ber father before the services for which this suit is brought were rendered; that when she commenced work for tlie defendants, she entered into a contract to work for them six months, at least, and give no less than…
1Opinion of the CourtWalton, J.
The question is, whether a minor, who has agreed to work for a manufacturing corporation at least six months, and not leave without giving two weeks’ notice, but does leave without giving such notice, is liable to have the damages occasioned thereby deducted from the amount he would otherwise be entitled to recover for his labor.
We think not. To compel the minor thus to make good the loss occasioned by the non-performance of his contract, is virtually to enforce the contract; and thus to enforce the contract is in effect to abrogate the rule of law that a minor is not bound by his contract.…
2Cases cited3 opinions
- Harney v. OwenIndiana Supreme Court · 1837
- Whitmarsh v. HallNew York Supreme Court · 1846
- Dallas v. HollingsworthIndiana Supreme Court · 1852
3Cited by7 opinions
- O'Rourke v. John Hancock Mut. Life Ins. Co.Supreme Court of Rhode Island · 1902
- Foss v. Circuit City Stores, Inc.District Court, D. Maine · 2007
- Estate of Michael Lewis v. Concord General Mutual Insurance CompanySupreme Judicial Court of Maine · 2014
- Yancey v. BoyceNorth Dakota Supreme Court · 1914
- American Film Co. v. ReillyCourt of Appeals for the Ninth Circuit · 1922
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