Legal Opinion

Franklin v. T. H. Lilly Lumber Co.

West Virginia Supreme Court

Decided November 9, 1909PublishedCited by 27 opinions

Error to Circuit Court, Summers County. . Assumpsit by George P. Franklin against the T. H. Lilly Lumber Company and another. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

Williams, Judge:

Plaintiff was employed by defendant “to *work in the capacity of buyer, inspector, and salesman in the buying, inspecting and selling of lumber, or office work; any part and all to be directed by the T. H. Lilly Lumber Co. from time to time,” for a period of five years from the 8th of April, 1905, in consideration of the sum of $5,000.00, and legitimate expenses. He brought an action of assumpsit in the circuit court of Summers county alleging that he was discharged in August, 1905, without cause and in violation of the contract of his employment; and recovered a verdict and…

2Cases cited3 opinions

  1. Lyon v. PollardSupreme Court of the United States · 1874
  2. Sterling Organ Co. v. HouseWest Virginia Supreme Court · 1884
  3. Crescent Horse-Shoe & Iron Co. v. EynonSupreme Court of Virginia · 1897

3Cited by27 opinions

  1. Estate of Tawney Ex Rel. Goff v. Columbia Natural Resources, L.L.C.West Virginia Supreme Court · 2006
  2. Stephens v. BartlettWest Virginia Supreme Court · 1937
  3. Faith United Methodist Church & Cemetery of Terra Alta v. MorganWest Virginia Supreme Court · 2013
  4. Franklin v. PenceWest Virginia Supreme Court · 1945
  5. Western Auto Supply Co. v. DillardWest Virginia Supreme Court · 1970

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