Mullaly v. Austin
Massachusetts Supreme Judicial Court
Contract brought originally before a justice of the peace foi Berkshire, on a writ dated August 14, 1865. The plaintiff’s declaration contained two counts, the first of which was on a special contract, and alleged that on March 28, 1865, the defendant hired from him his minor son James, to work for her as a farmer for seven months from April 1,1865, at the rate of pay of twelve dollars per month ; that James entered into and continued in her service according to the…
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Contract brought originally before a justice of the peace foi Berkshire, on a writ dated August 14, 1865. The plaintiff’s declaration contained two counts, the first of which was on a special contract, and alleged that on March 28, 1865, the defendant hired from him his minor son James, to work for her as a farmer for seven months from April 1,1865, at the rate of pay of twelve dollars per month ; that James entered into and continued in her service according to the contract, until June 3 1865, when she discharged him without notice and without cause ; and, although the defendant had always…
1Opinion of the CourtBioblow, C. J.
The rule of law is perfectly well settled that an action may be maintained to recover damages for the breach of an executory contract, before the expiration of the time when the stipulations of the respective parties, if there had been no breach, would have been fully performed. If one party is guilty of a clear infraction of the terms of an agreement, which virtually puts an end to it, the other party is not compelled to delay his remedy therefor, because a portion of the contract still remains executory. The breach by one party, by an absolute refusal to fulfil the contract on his part,…
2Cited by35 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Rock-Ola Manufacturing Corp. v. Music & Television Corp.Massachusetts Supreme Judicial Court · 1959
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