Pardey v. American Ship Windlass Co.
Supreme Court of Rhode Island
Assumpsit. Certified from the District Court of the Sixth Judicial District on an agreed'statement of facts. By a contract made between the plaintiff’s minor son and the defendant corporation which the plaintiff approved and confirmed, the son agreed to remain in defendant’s employment for three years, during which time the defendant was to retain from his wages the sum of one dollar per week, the same to be paid to the son at the expiration of the three years.
Read the full summary
Assumpsit. Certified from the District Court of the Sixth Judicial District on an agreed'statement of facts. By a contract made between the plaintiff’s minor son and the defendant corporation which the plaintiff approved and confirmed, the son agreed to remain in defendant’s employment for three years, during which time the defendant was to retain from his wages the sum of one dollar per week, the same to be paid to the son at the expiration of the three years. The son left the defendant’s employment within the three years, and the plaintiff sued to recover the money retained by the defendant…
1Opinion of the CourtMatteson, C. J.
We are of the opinion that the action cannot be maintained.. By the terms of the agreement, the one dollar per week from the wages of the plaintiff’s, son, Prank Brown Pardey, retained by the defendant, was not payable until the expiration of three years, during which he was to remain in the defendant’s employment. This term did not expire until April IT, 1896, and the suit was brought February 8, 1896, and consequently before the money was payable in any event.
But apart from this consideration, the plaintiff is not entitled to the money. The agreement provides for its payment, not to the…
2Cited by1 opinion
- Gentry v. CiomperlikCourt of Appeals of Texas · 1964