Seaver v. Morse
Supreme Court of Vermont
Book Account. Judgment to account was rendered and an auditor appointed, who reported the facts substantially as follows.
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Book Account. Judgment to account was rendered and an auditor appointed, who reported the facts substantially as follows. The plaintiff commenced laboring for the defendant, April 14, 1846, under a contract, that he would work for him six months for sixty dollars, — forty dollars to be paid in money, and twenty dollars in cloth, — and that the contract might be terminated, if either party should become dissatisfied, provided, when the cause of dissatisfaction should be made known, it could not be removed ; and he labored for the defendant, under this contract until June 12,1846, when he left…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
The contract between these parties was an entire one, and if the plaintiff, without sufficient cause, abandoned the service of the defendant, by the well settled law of this state he could recover nothing for a partial performance on his part. The agreement allowing either party to put an end to the contract, before the expiration of the six months, does not take this case out of the common principle, inasmuch as the assertion of this right required the existence and statement to the opposite party of some cause of dissatisfaction, with a view…
2Cases cited1 opinion
- Fenton v. ClarkSupreme Court of Vermont · 1839
3Cited by11 opinions
- Coe v. SmithIndiana Supreme Court · 1853
- Rossiter v. CooperSupreme Court of Vermont · 1851
- Steeples v. NewtonOregon Supreme Court · 1879
- Parker v. MacOmberSupreme Court of Rhode Island · 1892
- Bast v. ByrneWisconsin Supreme Court · 1881
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