John C. Lewis Co. v. Scott
Court of Appeals of Kentucky
Oak to 84 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. To entitle an employe who has been wrongfully discharged to recover, he must allege not only a breach of the contract but also that he made reasonable efforts to procure other like employment, and failed either in the effort or in the amount of compensation, and that he did not otherwise have employment of any kind, or, if so, he must allege the wages earned, and failing to make suc.h allegations…
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Oak to 84 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. To entitle an employe who has been wrongfully discharged to recover, he must allege not only a breach of the contract but also that he made reasonable efforts to procure other like employment, and failed either in the effort or in the amount of compensation, and that he did not otherwise have employment of any kind, or, if so, he must allege the wages earned, and failing to make suc.h allegations he can recover only nominal damages. (Dufficy v. Brennan, 10 Ky. Law Bep., 637; Whittaker v. Sandiler, 1 Duv., 262;…
1Opinion of the Court
JUDGE HAZELBIGG
Risnivisunn this opinion or this court.
If an employe is under a contract to perform service for a stipulated time and is wrongfully discharged by bis employer before the expiration of Ms term of service, lie may recover liis actual damages. lie may recover nominal damages on the mere allegation of tbe breach, of contract, but it does not follow that because he is wrongfully discharged and the contract therefore broken, lie has been actually damaged to the extent of the sum he would have received under the contract. By immediately obtaining more remunerative employment, he may…
2Cases cited2 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Frazier v. ClarkCourt of Appeals of Kentucky · 1889
3Cited by23 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Kessler v. Jefferson Storage CorporationCourt of Appeals for the Sixth Circuit · 1941
- Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
- Putnam v. Producers' Live Stock Marketing Ass'nCourt of Appeals of Kentucky (pre-1976) · 1934
- Morris Shoe Co. v. ColemanCourt of Appeals of Kentucky · 1920
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