Resener v. Watts, Ritter & Co.
West Virginia Supreme Court
Error to Circuit Court, Cabell County. Action by H. A. Resener against Watts, Ritter & Co. Judgment for plaintiff, and from an order granting a new trial, plaintiff brings error.
1Opinion of the Court
Lynch, Jüdge :
Upon the general issue in assumpsit, the jury found in favor of plaintiff $576.83, claimed by him as a balance due under a contract of employment. The court, on motion of defendant, set aside the verdict as ‘1 contrary to the law and the evidence, ’ ’ and awarded a new trial. By his writ of error, plaintiff asks reversal of this ruling and a judgment here upon the verdict.
His contention is that the contract proved is a general or indefinite hiring, terminable at will; that, upon voluntary withdrawal therefrom, he'is entitled to the compensation then earned, represented by the…
2Cases cited11 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Orr v. WardIllinois Supreme Court · 1874
- Bentley v. SmithCourt of Appeals of Georgia · 1907
- McCullough Iron Co. v. CarpenterCourt of Appeals of Maryland · 1887
- Prentiss v. LedyardWisconsin Supreme Court · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dorman v. Petrol Aspen, Inc.Supreme Court of Colorado · 1996
- Feliciano v. 7-Eleven, Inc.West Virginia Supreme Court · 2001
- Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Adkins v. Aetna Life InsuranceWest Virginia Supreme Court · 1947
11 more not listed; retrieve them via the Exa API.