Edwards v. Meyers
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. The case is stated in the opinion. I. It is the settled law of this state, that if a party contracts to work for another for a specified term, and quits before the expiration of the term, without the fault of the employer or the act of God, no recovery can be had. Earp v. Tyler, 73 Mo. 617. II.
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Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. The case is stated in the opinion. I. It is the settled law of this state, that if a party contracts to work for another for a specified term, and quits before the expiration of the term, without the fault of the employer or the act of God, no recovery can be had. Earp v. Tyler, 73 Mo. 617. II. The testimony totally fails to support the facts assumed by the court in the instruction given, of its own motion, against defendant’s objection. III. The judgment is against the law. Earp v. Tyler, 73 Mo. 617.
1Opinion of the CourtEllison, J.
This action is to recover of defendant *482nine dollars balance, claimed to be due plaintiff on account of services and labor of his minor son. Trial was had before the court without a jury and resulted for plaintiff. Defendant resists on the ground that the engagement of service was for a specified time and that the boy quit .before its expiration, without defendant’s fault and not by the act of Glod. Proof of this defence will prevent a recovery. Earp v. Tyler, 73 Mo. 617.
At the close of the evidence defendant asked the court to give several declarations of. facts. The court refused to give…
2Cases cited1 opinion
- Earp v. TylerSupreme Court of Missouri · 1881
3Cited by2 opinions
- Dempsey v. DorranceMissouri Court of Appeals · 1910
- Lathrop v. MayerMissouri Court of Appeals · 1900