White v. Lumiere North American Co.
Supreme Court of Vermont
Special Assumpsit by a servant against his master for breach of an executory contract of employment. Plea, the general issue with notice. Trial by jury at the September Term, 1904, Chittenden County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. The lease by defendant of its plant, business, and assets was not a breach of its contract with the plaintiff.
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Special Assumpsit by a servant against his master for breach of an executory contract of employment. Plea, the general issue with notice. Trial by jury at the September Term, 1904, Chittenden County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. The lease by defendant of its plant, business, and assets was not a breach of its contract with the plaintiff. A renunciation of a contract must be entire, distinct, absolute and unequivocal, and must go1 to the essence. Vittum v. Pstey, 67 Vt. 158; 9 Cyc. 363; Harriman,…
1Opinion of the CourtWatson, J.
The contract in question, dated September 5, 1901, was entered into by the defendant as the party of the first part, and by the plaintiff as the party of the second part. It contains clauses material in this case as follows: (1) “The party of the first part hereby agrees and doth hereby employ the party of the second part for the period of five years from the date hereof as a permanent member of its advisory or executive board of directors in America and also to supervise and protect the interests and business generally of the party of the first part.” (2) “As remuneration for the said…
2Cases cited6 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- West v. SmithSupreme Court of the United States · 1879
- Rankin v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of the United States · 1903
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Sands v. PotterIllinois Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Matthews v. Minnesota Tribune Co.Supreme Court of Minnesota · 1943
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- In re Bean's WillSupreme Court of Vermont · 1912
- Boston & Maine Railroad v. Howard Hardware Co.Supreme Court of Vermont · 1962
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
19 more not listed; retrieve them via the Exa API.