Finger v. Koch & Schilling Brewing Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. An indefinite hiring is a hiring at will; and a hiring at so much a year is an indefinite hiring. This rule is inflexible, and, if applied to this case, shows that plaintiff never was hired for the definite period of one year. — Wood on Master and Servant, 271-274, sect. 134. Plaintiff in his reply did not justify his acts, but denied them.
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Appeal from the St. Louis Circuit Court, Boyle, J. An indefinite hiring is a hiring at will; and a hiring at so much a year is an indefinite hiring. This rule is inflexible, and, if applied to this case, shows that plaintiff never was hired for the definite period of one year. — Wood on Master and Servant, 271-274, sect. 134. Plaintiff in his reply did not justify his acts, but denied them. He should have been non-suited on his evidence. — Posey v. Garth, 7 Mo. 94; Wood on Master and Servant, sects. 110, 111, 116, 124, 159. The plaintiff could not recover the full amount of his wages, as a…
1Opinion of the CourtLewis, P. J.
The petition states that the defendant employed the plain tiff on October 8, 1879, for one year, as brewer, at a salary of $2,200, and that he was wrongfully discharged on June 26, 1880; for which breach of contract he demands $500 damages. The answer denies generally, and sets up a justification of the alleged discharge. There was a verdict for the plaintiff.
An indefinite hiring, at so much per day, per month, or per year, is a hiring at will, and may be terminated by either party at any time. If the servant seeks to make out a hiring for a year, the burden is on him to establish it by…
2Cases cited3 opinions
- Harper v. HassardMassachusetts Supreme Judicial Court · 1873
- De Briar v. MinturnCalifornia Supreme Court · 1851
- Durgin v. BakerSupreme Judicial Court of Maine · 1850
3Cited by7 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Resener v. Watts, Ritter & Co.West Virginia Supreme Court · 1913
- Jones v. Galaxy 1 Marketing, Inc.Missouri Court of Appeals · 2015
- Crawford v. StewartHawaii Supreme Court · 1919
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