Green v. Somers
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. C. Eschweileb, Circuit Judge. Action to recover one month’s salary and living expenses claimed to be due the plaintiff under a written contract.
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Appeal from a judgment of the circuit court for Milwaukee county: E. C. Eschweileb, Circuit Judge. Action to recover one month’s salary and living expenses claimed to be due the plaintiff under a written contract. Tbe contract was made October 1, 1913, and by its terms the defendant employed the plaintiff as “general manager of the Plankinton House” in Milwaukee for the period of two years from that date at a salary of $7,500 per annum, payable in equal monthly instalments at the end of each month; the plaintiff being allowed to retain and occupy certain quarters in the hotel, then occupied…
1Opinion of the CourtWiNsnow, C. J.
In this case it is held:
1. Where an employee is wrongfully discharged, having been paid in full up to that time, his remedy is by action for damages for breach of the contract of employment and not by action for wages under the contract. Kennedy v. South Shore L. Co. 102 Wis. 284, 78 N. W. 567; Ornstein v. Yahr & Lange D. Co. 119 Wis. 429, 96 N. W. 826.
2. An employer has the right to give all lawful and reasonable commands deemed by him necessary to the proper management of his business, and the employee’s duty is to obey such commands where there is nothing in the contract of employment to…
2Cases cited6 opinions
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
- Schumaker v. HeinemannWisconsin Supreme Court · 1898
- Thomas v. Beaver Dam Manufacturing Co.Wisconsin Supreme Court · 1914
- Kennedy v. South Shore Lumber Co.Wisconsin Supreme Court · 1899
- Ornstein v. Yahr & Lange Drug Co.Wisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Farmer v. First Trust Co.Court of Appeals for the Seventh Circuit · 1917
- Millar v. Joint School District No. 2Wisconsin Supreme Court · 1957
- Crabtree v. Bay State Felt Co.Massachusetts Supreme Judicial Court · 1917
- Green Bay Fish Co. v. JorgensenWisconsin Supreme Court · 1917
- Harrington v. Empire Cream Separator Co.Supreme Judicial Court of Maine · 1921
1 more not listed; retrieve them via the Exa API.