Lindner v. Cape Brewery & Ice Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Hon. Benj. F. Davis, Judge. Plaintiff’s action is not upon a quantum meruit, bnt upon tbe contract, and he is not entitled to recover anything in this cause, unless he has established a wrongful discharge.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. —Hon. Benj. F. Davis, Judge. Plaintiff’s action is not upon a quantum meruit, bnt upon tbe contract, and he is not entitled to recover anything in this cause, unless he has established a wrongful discharge. Bean v. Watkins, 27 Mo. 518. There was no wrongful discharge of plaintiff, but in legal contemplation there was an unjustified abandonment of the contract on his part, (a) Difficulty with a fellow-servant is not ground for abandonment. Aaron v. Moore, 34 Mo. 79; Mullen v. Gilkerson, 19 Yt. 503. (b) It is an implied condition that the…
1Opinion of the CourtGoode, J.
By a contract entered into January 2, 1905, plaintiff engaged for service in defendant’s brewery. The contract was in writing and its terms are clear. Plaintiff agreed to continue in the employ of defendant for two years from the date of the instrument at defendant’s brewery in the city of Gape Girardeau, perform therein the duties of brewmaster and act as foreman of the bottling department, diligently serve defendant in such other business as its manager might direct and carry out the directions of said manager in the performance of all services. Other stipulations not, material to the…
2Cases cited18 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
- Dyer v. ScalmaniniCalifornia Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Craig v. ThompsonSupreme Court of Missouri · 1951
- Siemers v. St. Louis Electric Terminal Railway Co.Supreme Court of Missouri · 1941
- Maratta v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1915
- Tinnon v. Missouri Pacific RailroadDistrict Court, W.D. Arkansas · 1958
- Mitchell v. SmithMissouri Court of Appeals · 1928