Ansley v. Jordan
Supreme Court of Georgia
Master and servant. Contracts. Damages. Interest. Charge of court. Non-suit. Amendment. Parties. Appeal. New trial. Before Judge Crawford. Marion Superior Court.
Read the full summary
Master and servant. Contracts. Damages. Interest. Charge of court. Non-suit. Amendment. Parties. Appeal. New trial. Before Judge Crawford. Marion Superior Court. April Term, 1878. On October 26th, 1876, Jordan brought complaint against Ansley for breach of contract, alleging that on October 1st, 1875, defendant promised to pay plaintiff $180.00 and to board him, for his services as clerk from the day above stated until October 1st, 1876 ; that the board was worth $12.50 per month; that on May 15th, 1876, defendant discharged him without cause, to his damage $500.00. The defendant pleaded in…
1Opinion of the Court
Bleckley, Justice.
1. As to the proper measure of damages, generally, in a case like the present, see 8 Ga., 190 ; 21 Ib., 157 ; 54 Ib., 266 ; 56 Ib., 497; Wood on Master & Servant, 247. If there are mitigating facts, such as that earnings were realized, or might have been, between the wrongful dismissal and the end of the term, this is matter of defense, and, under the system of practice in this state, should be pleaded. Unless pleaded, evidence on the subject may be rejected. Here the appropriate plea was wanting.
2. The action was for the value of the employee’s board, as well as for his…
2Cases cited2 opinions
- Rogers v. ParhamSupreme Court of Georgia · 1850
- Pettis v. CampbellSupreme Court of Georgia · 1873
3Cited by6 opinions
- Manley v. Exposition Cotton MillsCourt of Appeals of Georgia · 1933
- Mimms v. Betts Co.Court of Appeals of Georgia · 1911
- Rhine v. SandersCourt of Appeals of Georgia · 1959
- Gary v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1928
- Coleman v. Dublin Coca-Cola Bottling Co.Court of Appeals of Georgia · 1933
1 more not listed; retrieve them via the Exa API.