Booge v. Pacific Railroad
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. I. The only question raised by the record is this: Did the former recovery by plaintiff of his wages for July and August bar this action ? In other words, was the contract so entire a thing that plaintiff could bring separate suit for his wages at the end of each month, or would a recovery of one month’s pay bar any other suit ? II.
Read the full summary
Appeal from St. Louis Court of Common Pleas. I. The only question raised by the record is this: Did the former recovery by plaintiff of his wages for July and August bar this action ? In other words, was the contract so entire a thing that plaintiff could bring separate suit for his wages at the end of each month, or would a recovery of one month’s pay bar any other suit ? II. The breach of contract by defendant was the failure at the end of each month to pay plaintiff his wages, and he could have sued for each month at its expiration. Defendant’s refusal to let him work was no breach of the…
1Opinion of the CourtBat, Judge
This is a suit upon a contract for hire. The petition states that on the 15th of March, 1858, the defendant employed the plaintiff as a runner or solicitor for freight and passengers from that time until the close of navigation on the Missouri river, at the price of $125 per month, payable monthly ; that on that day plaintiff entered upon such service and continued to serve defendant in that capacity until the 19th of June following, when defendant, without cause, discharged him, and refused to permit him to perform said contract, which he was at all times willing and ready to do, and offered…
2Cited by15 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- McMullan v. Dickinson Co.Supreme Court of Minnesota · 1895
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
- McGee v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- Pape v. LathropIndiana Court of Appeals · 1897
10 more not listed; retrieve them via the Exa API.