Watson v. Russell
New York Court of Common Pleas
Appeal from city court, general term. Action by Alice Watson against John H. Bussell to recover damages for breach of contract of employment. From a judgment of the city court (25 N. Y. Supp. 517) affirming a judgment entered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
Whatever the form of the complaint, the action is for damages for breach of a contract of employment. Howard v. Daly, 61 N. Y. 362. A repudiation of an agreement before or at the time of performance constitutes a breach of it sufficient to sustain an action. Bunge v. Koop, 48 N. Y. 225; Frost v. Knight, L. R. 7 Exch. 111. The judgment below is conclusive as to the contract and the breach, and the only question we are to solve is, what was the measure of damages? We are unable to distinguish the case in principle from Fisher v. Monroe, 2 Misc. Rep. 326, 21 N. Y. Supp. 995. The circumstance…
2Cases cited3 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Bunge v. . KoopNew York Court of Appeals · 1872
- Fisher v. MonroeNew York Court of Common Pleas · 1893
3Cited by3 opinions
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- DeVere v. GilmoreCity of New York Municipal Court · 1898