Davis Mercantile Co. v. Walker

Eish, O. J.

1. Where the plaintiff brought an action against his employer, alleging that the contract of employment was for a year and that the defendant had wrongfully discharged the plaintiff, the action being brought after the expiration of the year and for the recovery of wages for the balance of the term after the alleged discharge, and where the defense was that the plaintiff had never been discharged but had left the employment of the defendant of his own accord, it was error requiring the grant of a new trial for the court to instruct the jury as follows: (1) that if the plaintiff quit…