Legal Opinion

Fuller v. Smith

Supreme Judicial Court of Maine

Decided September 29, 1910PublishedCited by 15 opinions

On exceptions by plaintiff. Action brought in the Superior Court, Cumberland County, to recover damages for an alleged breach of the following contract : "We, the undersigned, hereby, contract and agree with one another, as follows: That Mr. H. G. Fuller is to devote his full business time and energy to the interests of Harry L. Smith, as they are connected with the Aetna Life Insurance Co., and as may be required of him, for the term of one year.

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On exceptions by plaintiff. Action brought in the Superior Court, Cumberland County, to recover damages for an alleged breach of the following contract : "We, the undersigned, hereby, contract and agree with one another, as follows: That Mr. H. G. Fuller is to devote his full business time and energy to the interests of Harry L. Smith, as they are connected with the Aetna Life Insurance Co., and as may be required of him, for the term of one year. For the service, said Harry L. Smith agrees to pay $20.00 per week, for fifty weeks during the year. "Witness our hand and seal. (Signed) Harry L.…

1Opinion of the CourtKing, J.

This is an action for breach of a contract of employment, and comes before this court on plaintiff’s exceptions.

January 1, 1909, the plaintiff entered into the employ of the defendant for one year under a written contract, and so continued until' Saturday, June 26, 1909, when he was wrongfully discharged, as he claimed. At the time of the discharge the defendant called the plaintiff' into his office, figured the balance due him for wages and expenses as $21.06, about which there was no dispute, and passed him a receipt filled out for that sum saying, "You sign this and I will give you a…

2Cases cited3 opinions

  1. West v. SmithSupreme Court of the United States · 1879
  2. Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
  3. Mortlock v. WilliamsMichigan Supreme Court · 1889

3Cited by15 opinions

  1. Crucible Steel Co. of America v. Premier Manufacturing Co.Supreme Court of Connecticut · 1920
  2. Wiggin v. SanbornSupreme Judicial Court of Maine · 1965
  3. Emerson v. SweetSupreme Judicial Court of Maine · 1981
  4. Graffam v. GerondaSupreme Judicial Court of Maine · 1973
  5. E.S. Herrick Co. v. Maine Wild Blueberry Co.Supreme Judicial Court of Maine · 1996

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