Birkett v. Chatterton
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was assumpsit brought in the Justice Court of the city of Providence and carried to the Court of Common Pleas by the plaintiff’s appeal. Jury trial was waived, and the following evidence was adduced by the plaintiff : Miles Birkett. “ Am plaintiff’s father.
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Exceptions to the Court of Common Pleas. This action was assumpsit brought in the Justice Court of the city of Providence and carried to the Court of Common Pleas by the plaintiff’s appeal. Jury trial was waived, and the following evidence was adduced by the plaintiff : Miles Birkett. “ Am plaintiff’s father. The plaintiff was employed by the defendant August 31, 1874, under the following contract: He was to work for the defendant for five years, learning the trade of file cutting; he was to receive $2 per week for the first year, $2.75 per week for the second year, $3.50 per week for the…
1Opinion of the CourtDurfee, C. J.
The plaintiff was nonsuited on two grounds, to wit: ffirst, because, according to the testimony, he was not a party to the contract put in evidence, and was therefore not entitled to maintain the action ; and, second, because the contract was illegal and void under Gen. Stat. R. I. cap. ¿55, §§ 21, 22, and 24. We are not convinced that the Corfrt erred in nonsuiting the plaintiff on the first ground. The contract, according to the testimony, was not a contract between the plaintiff and the defendant, but a contract between the plaintiff’s father and the defendant, the plaintiff having been…
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