Loveman v. Brown
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action ivas brought by the appellee, George E. Brown, against the appellants, Loveman, Joseph & Loeb„ a partnership, to recover damages for the breach of a contract of employment, by the wrongful discharge of the plaintiff.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action ivas brought by the appellee, George E. Brown, against the appellants, Loveman, Joseph & Loeb„ a partnership, to recover damages for the breach of a contract of employment, by the wrongful discharge of the plaintiff. The contract was alleged to have been made on April IB, 1901, for one year, as a cleric in the crockery department of the defendant’s store, at a salary of §1,500, payable in equal monthly installments, and it was alleged to have been breached hv the wrongful discharge-of the plaintiff on…
1Opinion of the CourtMcCLELLAN, C. J.
“A master or employer is not bound to specify, at the time, his grounds for the dismissal of a servant or employe; and if he places the dismissal on one ground he will not be estopped to set up another and different ground, which existed at the time of the discharge, and constituted a legal cause for such dismissal, although this cause was not then known to the master. Or, to state the same proposition in the words of Mr. Addison, in his work oh Contracts (2 Vol, Sec. 890) : “If a justifying cause for the dismissal exists, the master may avail himself of it as a defense to an action, although…
2Cases cited4 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Jonas v. FieldSupreme Court of Alabama · 1887
- Bass Furnace Co. v. GlasscockSupreme Court of Alabama · 1886
- Troy Fertilizer Co. v. LoganSupreme Court of Alabama · 1890
3Cited by1 opinion
- Mitchell Square Bale Ginning Co. v. GrantSupreme Court of Alabama · 1904