Shea v. Kerr
Superior Court of Delaware
Action of Assumpsit. Narr in common counts, the claim being based upon an alleged verbal contract. The plaintiff testified to the terms of the contract, which were that she was to receive thirty-five dollars per week as leading lady in the theatrical company of the defendant below, and that either party was to give two weeks’ notice to the other if it was desired to terminate the contract; that she performed with the company of the defendant for several weeks, and that her…
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Action of Assumpsit. Narr in common counts, the claim being based upon an alleged verbal contract. The plaintiff testified to the terms of the contract, which were that she was to receive thirty-five dollars per week as leading lady in the theatrical company of the defendant below, and that either party was to give two weeks’ notice to the other if it was desired to terminate the contract; that she performed with the company of the defendant for several weeks, and that her work was pronounced satisfactory by him, and that without assigning any reason or without giving any notice she was…
1Opinion of the Court
EorEj C. J:—
There is testimony as to money she paid for railroad fare. We refuse the non-suit.
Plaintiff’s Prayers.
The plaintiff prayed the Court to instruct the jury that where a special contract has been entered into between parties, and everything has been done except the payment of the money, recovery can be had under an account stated.
Bayard vs. McLane, 3 Harr, 139; Hurlock vs. Murphy & Coperthwaite, 2 Houst., 550.
Defendant’s Prayers.
The defendant prayed the Court to instruct the jury, in part, as follows :
*2001. That if the jury believe the contract which the defendant offered in evidence to…
2Cited by8 opinions
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- Larrimore v. Homeopathic Hospital Ass'n of Del.Supreme Court of Delaware · 1962
- Burns v. Delaware Coca-Cola Bottling CompanySuperior Court of Delaware · 1966
- Campbell v. BrandenburgerSuperior Court of Delaware · 1932
- Theo. Burton, Jr. & Co. v. BurksSuperior Court of Delaware · 1962
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