Jonas v. Field
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P.„ Hubbard. This action was brought by Clarence P. Field against Joseph Jonas, to recover damages for a breach of a contract of employment, or a month’s wages as due by the terms of the contract; and was commenced in a justice’s court, on the 8th March, 1886. On appeal to the Circuit Court, the plaintiff filed a complaint claiming $7 5 as due by a contract entered into between him and the defendant,…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P.„ Hubbard. This action was brought by Clarence P. Field against Joseph Jonas, to recover damages for a breach of a contract of employment, or a month’s wages as due by the terms of the contract; and was commenced in a justice’s court, on the 8th March, 1886. On appeal to the Circuit Court, the plaintiff filed a complaint claiming $7 5 as due by a contract entered into between him and the defendant, “on, to-wit, the first day of August, 1885,” whereby defendant agreed to employ plaintiff “for the period of twelve months…
1Opinion of the CourtClopton, J.
The complaint sets forth a contract for the employment of plaintiff as book-keeper for one year, from and including the day on which it was made. The defendant pleaded the general issue, and the statute of frauds. The court instructed the jury, if they found that defendant employed plaintiff for twelve months, from the first day of August, 1885, then the burden was on the defendant to show that the contract was made on an anterior day: in other words, that notwithstanding the complaint alleges a contract valid in form, though not in writing, the onus is on the defendant to prove the…
2Cases cited3 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
- Lecroy v. WigginsSupreme Court of Alabama · 1857
3Cited by19 opinions
- Nagel v. KrausCourt of Appeals for the Second Circuit · 1921
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Jones v. HaglerSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
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