Mobile, J. &. K. C. R. R. v. Hawkins
Supreme Court of Alabama
Appear from Mobile Circuit Court. Heard, before Hon. Samuel B. Browne. Action by -John R. Hawkins against tbe M. J. & K* C. R. R. Co., for breach of contract of employment.
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Appear from Mobile Circuit Court. Heard, before Hon. Samuel B. Browne. Action by -John R. Hawkins against tbe M. J. & K* C. R. R. Co., for breach of contract of employment. Judgment for plaintiff and defendant appeals. -There is no possible theory upon which this defendant could have been held under the 1st and 2nd counts except that Dewev was the agent of the defendant to make this contract* and if this agency had been revoked and the plaintiff was informed of it, he could not recover on the contract for a breach thereof. There is a distinction between contract of employment and agency. — 1…
1Opinion of the CourtMayfield, J.
This was an action brought by the appellee, plaintiff, against the appellant railroad company, defendant, for breach of contract for employment of the appellee, plaintiff, as superintendent of the appellant railroad company. The complaint contained three counts. The first declared upon a breach of a written contract by which the defendant employed the plaintiff as its superintendent for the term of one year from the 24th day of April, 1905, at the rate of $2,700 per annum, payable in monthly installments of $225 per month; the second count declared upon a breach of the same contract, which…
2Cases cited19 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Thornton v. StateSupreme Court of Alabama · 1896
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Wright v. StateSupreme Court of Alabama · 1902
- Caldwell v. PollakSupreme Court of Alabama · 1890
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3Cited by25 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Kozlowski v. StateSupreme Court of Alabama · 1946
- Crump v. Geer Brothers, Inc.Supreme Court of Alabama · 1976
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
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