Shane ex rel. Armstrong v. Smith
Supreme Court of Kansas
Error from Graham District Cov/rt. Action brought before a justice of the peace by Mary Shane against J. B. Smith, to recover $207 for work done by plaintiff for defendant from March 1, 1884, to July 1, 1885. Trial, and judgment for plaintiff for $90. The defendant appealed. Trial by the court, at the November Term, 1885. The plaintiff introduced her evidence; the defendant offered no evidence; the court found for the defendant; new trial denied, and judgment accordingly.
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Error from Graham District Cov/rt. Action brought before a justice of the peace by Mary Shane against J. B. Smith, to recover $207 for work done by plaintiff for defendant from March 1, 1884, to July 1, 1885. Trial, and judgment for plaintiff for $90. The defendant appealed. Trial by the court, at the November Term, 1885. The plaintiff introduced her evidence; the defendant offered no evidence; the court found for the defendant; new trial denied, and judgment accordingly. The plaintiff brings the case here. The evidence introduced showed as follows: The defendant and his wife lived in Graham…
1Opinion of the Court
Opinion by
Holt, C.:
The evidence shows that plaintiff came from Missouri at the request of defendant, and performed the ordinary household work in defendant’s family, and also herded his cattle at all seasons of the year, under the promise of being sent to school, and taught to play the organ. Defendant neither sent her to school nor taught her to play the organ, but failed in every way to fulfill his contract with her. Upon the failure of the defendant to pay in the particular way agreed upon, then the plaintiff is entitled to compensation in money upon refusal to pay in the way specified.…
2Cases cited4 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Hall v. FinchWisconsin Supreme Court · 1871
- Ayres v. HullSupreme Court of Kansas · 1870
- Stone v. StoneSupreme Court of Vermont · 1870
3Cited by5 opinions
- Cincinnati, S. & C. R. Co. v. BensleyCourt of Appeals for the Sixth Circuit · 1892
- Webster v. CampSupreme Court of Kansas · 1920
- Hoyer v. CannedyCourt of Appeals of Kansas · 1979
- In re Erickson v. EricksonSupreme Court of Kansas · 1927
- Jones v. Estate of HumphreysCourt of Appeals of Kansas · 1900