McCormick v. Demary
Nebraska Supreme Court
Error to the district court of Cuming county. Tried below before Barnes, J. Verdict and judgment for plaintiff, and the McCormicks, who were defendants, come here upon a petition in error. cited 2 Parsons’ Contracts, 35, and note/, 5th ed. Wilson v. Church, 3 Cent. Law Journ., 440. Sutherland v. Wyer, 67 Maine, 64. Howard v. Daly, 61 N. Y., 362. cited Huntington v. 0. £ D. C. JR. JR., 7 Am. Law Peg.
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Error to the district court of Cuming county. Tried below before Barnes, J. Verdict and judgment for plaintiff, and the McCormicks, who were defendants, come here upon a petition in error. cited 2 Parsons’ Contracts, 35, and note/, 5th ed. Wilson v. Church, 3 Cent. Law Journ., 440. Sutherland v. Wyer, 67 Maine, 64. Howard v. Daly, 61 N. Y., 362. cited Huntington v. 0. £ D. C. JR. JR., 7 Am. Law Peg. (N. S.), 143. Fowler v. Armour, 24 Ala., 194. Thompson v. Wood, 1 Hilton, 93. Taylor v. Dead, 4 Paige, 572. Costigan v. JHJohawk JR. JR. Co., 2 Lenio, 616. Cordon v. Brewster, 7 Wis., 355. 13 Eng;…
1Opinion of the CourtLake, J.
The petition in this case was framed as for the recovery of wages due on a contract of hiring. In reality, however, it was for the recovery of damages occasioned by an alleged breach of such contract by the *516employer, and the trial was conducted mainly upon this theory.
In the answer, the hiring and discharge are substantially admitted as alleged in the petition. The discharge from employment, however, is justified on the ground that Demary first broke the contract by using intoxicating drinks. And, as an additional defense, it is alleged that at the time of the discharge the parties had an…
2Cited by1 opinion
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