Sisk v. Cunningham
Supreme Court of Missouri
APPEAL from Randolph Circuit Court. 1. There is no evidence that Sisk, the appellee, ever took Martha, the appellee, into his employment, under a contract, express or implied, to pay her wages if she saw proper to leave his employ in a few months. 2. The contract, proved by the evidence of Rebecca Cunningham, that existed between the appellee and appellant, shows that the engagement was for a term of years, and made to depend on some certain contingencies, such as the…
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APPEAL from Randolph Circuit Court. 1. There is no evidence that Sisk, the appellee, ever took Martha, the appellee, into his employment, under a contract, express or implied, to pay her wages if she saw proper to leave his employ in a few months. 2. The contract, proved by the evidence of Rebecca Cunningham, that existed between the appellee and appellant, shows that the engagement was for a term of years, and made to depend on some certain contingencies, such as the satisfaction of the appellant, Sisk, and his family, with the said Martha, the appellee; and if the parties were satisfied,…
1Opinion of the Court
Napton, Judge,
delivered ihe opinion of the Court.
This was an action brought by the defendant in error against Sisk, before a justice of the peace, for work and labor done in the service of Sisk. After a verdict before the justice, in favor of the defendant in error, the case came before the Circuit Court; a new trial was had, and the plaintiff below again obtained a verdict.
It appeared in evidence on the trial, that Martha Cunningham, the plaintiff, had been placed by her aunt at the house of the defendant, to live in his family so long as they were mutually satisfied with each other, and…
2Cases cited1 opinion
- Posey v. GarthSupreme Court of Missouri · 1841
3Cited by3 opinions
- Ellis v. AndrewsSupreme Court of Missouri · 1857
- Isaac Walker's Administrator v. DeaverMissouri Court of Appeals · 1878
- Holladay v. MenifeeMissouri Court of Appeals · 1883