Tete v. Lanaux

*1344The opinion of the court was delivered by

Watkins, J.

Plaintiff sues for an unpaid balance of salary as due him under a written contract with the deceased, on the theory that his employment was that of a clerk, or servant, at a certain fixed annual salary of $3000, payable in monthly instalments in advance— he having been sent away before the expiration of his term of service, and without any serious grounds of complaint.

To his demand the executor interposes two defences, to-wit:

1. That prior to the time plaintiff had entered upon the discharge Of the duties imposed upon him under the…