Preston v. American Linen Co.
Massachusetts Supreme Judicial Court
Contract upon an account annexed to recover for services as a weaver, while in the employ of the defendant corporation, from July 6, to August 1, 1874. The answer contained a general denial, set forth, in substance, the notice which appears below, and alleged that if the plaintiff worked for the defendant he left without giving the notice thereby required, and that the money claimed was thereby forfeited.
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Contract upon an account annexed to recover for services as a weaver, while in the employ of the defendant corporation, from July 6, to August 1, 1874. The answer contained a general denial, set forth, in substance, the notice which appears below, and alleged that if the plaintiff worked for the defendant he left without giving the notice thereby required, and that the money claimed was thereby forfeited. At the trial in the Superior Court, before Wilkinson, J., it appeared in evidence that the defendant corporation, which carried on the business of manufacturing cotton cloth, paid the…
1Opinion of the CourtDevens, J.
The fair interpretation of the regulation which the defendant had made requires us to hold that by the terms of it those employees who intended tó leave work must give two weeks’ notice of such intention, and. that, failing to do so, they would not be entitled to the wages which would otherwise be due them at the next pay day. Such a regulation, if assented to by the plaintiff, would form a part of the contract, and if he violated it by leaving without notice, he could not recover the wages which were then unpaid. The defendant would not be left merely to obtain by action or in recoupment…
2Cases cited3 opinions
- Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
- Collins v. New England Iron Co.Massachusetts Supreme Judicial Court · 1874
- Potter v. CainMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Sherman v. PfefferkornMassachusetts Supreme Judicial Court · 1922
- General Electric Co. v. Kimball Jewelers, Inc.Massachusetts Supreme Judicial Court · 1956
- Chandler, Gardner & Williams, Inc. v. ReynoldsMassachusetts Supreme Judicial Court · 1924
- Norton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1902
- Lyons v. JacksonMassachusetts Supreme Judicial Court · 1919
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