Evans v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, W. T-T, Hoeneb, Judge. A hiring at so much a day, month, or year, no time being specified, is an indefinite hiring terminable at the will of either party. Mnger v. Brewing Co., 13 Mo. App. 311; Boogher v. Maryland Ins. Co., 8 Mo.
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Appeal from tlie St. Louis Circuit Court, W. T-T, Hoeneb, Judge. A hiring at so much a day, month, or year, no time being specified, is an indefinite hiring terminable at the will of either party. Mnger v. Brewing Co., 13 Mo. App. 311; Boogher v. Maryland Ins. Co., 8 Mo. App. 533; De Briar v. Minium, 1 Cal. 450; Wood on Master and Servant, 262-3. A-servant’s remedy for wrongful discharge before the ■expiration of his term, where he seeks a recovery for the full term, is an action for damages for breach of contract and not for wages earned, the doctrine of constructive service not being…
1Opinion of the CourtRome altee, J.
This cause was heretofore before us and is reported in 16 Mo. App. 522, 527. The judgment obtained by *116the plaintiff on the former trial was reversed, owing to the misdirection of the jury by instructions given on behalf of the plaintiff. The cause was re-tried with the same result.
The defendant again appealing now assigns fox error, that there was not on the last trial of the cause any substantial testimony on the part of the plaintiff, in support of his claim that he was hired for any definite period, and that the court erred in submitting the case to the jury on the basis of a claim for…
2Cases cited6 opinions
- Moody v. LeverichNew York Court of Common Pleas · 1873
- De Briar v. MinturnCalifornia Supreme Court · 1851
- Ricks v. YatesIndiana Supreme Court · 1854
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Bennett v. St. Louis Car Roofing Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Booth v. National India Rubber Co.Supreme Court of Rhode Island · 1897
- Resener v. Watts, Ritter & Co.West Virginia Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.