Baltimore Breweries Co. v. Callahan
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Ritchie, J.) Callahan, the plaintiff, made a contract with the Baltimore Breweries Company to be solicitor of trade for the Spring Gardens Brewery for one year, at a salary of $1,560. The company discharged him before the expiration of the year and he brought suit alleging an unlawful discharge.
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Appeal from the Superior Court of Baltimore City (Ritchie, J.) Callahan, the plaintiff, made a contract with the Baltimore Breweries Company to be solicitor of trade for the Spring Gardens Brewery for one year, at a salary of $1,560. The company discharged him before the expiration of the year and he brought suit alleging an unlawful discharge. The defences on the merits were, 1st, that he had not properly performed his duties, and the discharge was lawful; and 2d, that he had accepted $30 in accord and satisfaction of his claim. The first defence on the merits was left to the jury by an…
1Opinion of the CourtFowler, J.
The plaintiff sued the defendant corporation to recover damages for the breach of a contract to employ him for one year at a salary of $1,560, payable in weekly installments of thirty dollars each. This contract is in writing, and the controlling question is, whether it is a contract not to be performed within a year, arid if so, whether it sufficiently sets forth a consideration on the part of the plaintiff. But for the ingenious argument of the counsel for defendant we should have had but little, if any, doubt in regard to the correctness of the rulings of the learned Judge below. He held,…
2Cases cited2 opinions
- Black v. WoodrowCourt of Appeals of Maryland · 1874
- Cole v. SingerlyCourt of Appeals of Maryland · 1883
3Cited by9 opinions
- Lawson v. MullinixCourt of Appeals of Maryland · 1906
- Nickerson v. President of Harvard CollegeMassachusetts Supreme Judicial Court · 1937
- Home News, Inc. v. GoodmanCourt of Appeals of Maryland · 1944
- Wyles v. CampbellDistrict Court, D. Delaware · 1948
- Neal v. ParkerCourt of Appeals of Maryland · 1904
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