Birdsong v. Ellis
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. The case is stated in the opinion of the court. 'My theory of defense in this case was, as is indicated by the instruction asked by defense, that while it is true that the discharge of plaintiff by defendant (if it actually occurred, and without cause) ended the then existing contract, yet, it being the duty of the plaintiff to use reasonable diligence to prevent the damage sued for — viz.: loss of…
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. The case is stated in the opinion of the court. 'My theory of defense in this case was, as is indicated by the instruction asked by defense, that while it is true that the discharge of plaintiff by defendant (if it actually occurred, and without cause) ended the then existing contract, yet, it being the duty of the plaintiff to use reasonable diligence to prevent the damage sued for — viz.: loss of wages for want of employment for the term, then his refusal to accept the defendant’s unconditional offer to take him back…
1Opinion of the CourtArnold, J.
L. F. Birdsong, a merchant, employed John J. Ellis as a clerk for twelve months, at fifty dollars per month. Ellis commenced and continued service under the contract for one month, when he was discharged by Birdsong, who then and there offered to pay him fifty dollars for the month he had worked as a final settlement between them. Ellis declined to accept the fifty dollars on the terms offered and left the store. On the same or the next day after the discharge, Birdsong met Ellis and told him that he desired that there should be no hard feelings between them and that he was willing to keep…
2Cases cited2 opinions
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