Towsley v. Moore
Ohio Supreme Court
Error to the District Court of Summit county. Olive Towsley, plaintiff in error, brought an action against Joseph Moore, defendant in error, before the Mayor of Akron. The case was appealed to the common pleas, where Olive Towsley recovered a judgment of $300. On error to the district court, the judgment of the common pleas was reversed, whereupon a petition in error was filed in the supreme court.
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Error to the District Court of Summit county. Olive Towsley, plaintiff in error, brought an action against Joseph Moore, defendant in error, before the Mayor of Akron. The case was appealed to the common pleas, where Olive Towsley recovered a judgment of $300. On error to the district court, the judgment of the common pleas was reversed, whereupon a petition in error was filed in the supreme court. The petition of Olive Towsley in the court of common pleas avers, that about the 4th of March, 1872, she then being .a minor about eleven years old, with the advice and consent of her mother,…
1Opinion of the CourtWright, J.
The demurrer to the reply and the case made in the bill of exceptions raises this question : When a contract for service has beeu made, which can not be fully performed iu a year, if the party proceeds and does the work, can the statute be plead as a bar to a demand for compensation ?
In this case, Olive Towsley agreed to work from the time she was eleven until she was eighteen, a period considerably longer than one year. But having worked, having fully performed her part of the contract, can the defendant plead the statute, instead of paying her ?
Although this statute was enacted ostensibly…
2Cases cited19 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Sandfoss v. JonesCalifornia Supreme Court · 1868
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Hidden v. JordanCalifornia Supreme Court · 1862
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