Moline Lumber Co. v. Harrison
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; C. W. Smith, Judge; 1. The language of the contract constituted a hiring at will and not of employment for a year. It was an indefinite term or period of time and at a certain rate per year and constituted a hiring at will. 64 Ark. 398; 25 L. R. A. (N. S.) 529; 173 IT.
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Appeal from Ouachita Circuit Court; C. W. Smith, Judge; 1. The language of the contract constituted a hiring at will and not of employment for a year. It was an indefinite term or period of time and at a certain rate per year and constituted a hiring at will. 64 Ark. 398; 25 L. R. A. (N. S.) 529; 173 IT. S. 1; 156 Fed. 241; 18 Id. 703; 69 N. W. 492; 173 S. W. 4; 172 Id. 67; 171 Id. 703; 35 Ark. 156; 43 Id. 184; 15 Id. 444, 477. 2. Ineompetency or insubordination on the part of a servant is sufficient cause for dismissal. 26 Cyc. 897, 992. 3. The court erred in its instructions. Cases supra.
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the plaintiff Harrison against his employer to recover wages alleged to be due under a contract which the defendant had broken. The plaintiff alleges that he was employed by defendant Moline Lumber Company to work for the latter as woods foreman for a period of one year at a salary of $1,800.00 a year, payable monthly, and that after working for the defendant for something over three months he was discharged without cause. Plaintiff further alleges that for the greater portion of the unexpired period of the contract he was unable to secure employment elsewhere,…
2Cases cited10 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Smith v. TheobaldCourt of Appeals of Kentucky · 1887
- Horn v. Western Land Ass'nSupreme Court of Minnesota · 1875
- Haney v. CaldwellSupreme Court of Arkansas · 1879
- Kellogg v. Citizens Insurance Co.Wisconsin Supreme Court · 1896
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3Cited by11 opinions
- Toussaint v. Blue Cross & Blue ShieldMichigan Supreme Court · 1980
- Griffin v. EricksonSupreme Court of Arkansas · 1982
- Putnam v. Producers' Live Stock Marketing Ass'nCourt of Appeals of Kentucky (pre-1976) · 1934
- Izard v. Connecticut Fire InsuranceSupreme Court of Arkansas · 1917
- Miller v. Missouri Pacific Transportation Co.Supreme Court of Arkansas · 1955
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