Marx v. Miller
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. *Ohas. A. Senn. ■ This action was brought by the appellee:, Martha E. Miller, against the appellant, Fex’d Marx.
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Appeal from the City Court of Birmingham. Tried before the Hon. *Ohas. A. Senn. ■ This action was brought by the appellee:, Martha E. Miller, against the appellant, Fex’d Marx. The complaint contained but one couxxt which was in words, and figures as follows.: “The plaintiff, Martha E. Miller, claims of the defendant, Ferd Marx, $450, with interest thereon as damages for the breach of an agreement'entered into by the defendant on'the 18th day of June, 1900, in substance as follows: Defendant employed plaintiff at a salary of $1,800 per year, to be paid weekly or monthly, at plaintiff’s…
1Opinion of the CourtTyhon, J.
It is thoroughly settled in this State that when a person contracts to perform personal services for another for a specified term, at stipulated wages and is discharged, without; fault on her part, before the expiration of the term, she may treat the con-trait as broken and at an end, and immediately sue and recover all the damages she may have sustained up- to the time of the trial. But she is not compelled to accept the breach of her employer a¡s a termination of the contract,; she may elect to treat it as continuing and keep himself in readiness to perform the contract on her part. Davis…
2Cases cited13 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Fowler v. ArmourSupreme Court of Alabama · 1854
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Robinson v. SteversonSupreme Court of Alabama · 1924
- Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Loos v. Geo. Walter Brewing Co.Wisconsin Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.