Webster v. Wade
California Supreme Court
Appeal from the Twelfth District. Suit for wages. On the thirteenth of September, 1859, defendant and one Collins entered into a written contract, by which defendant agreed to employ Collins as steward on the steamer “ Dashaway,” in which defendant was interested, and which was about to be put on the route between San Francisco and Sacramento, from October 1st, 1859, to October 1st, 1860, at the wages of one hundred dollars per month, payable monthly.
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Appeal from the Twelfth District. Suit for wages. On the thirteenth of September, 1859, defendant and one Collins entered into a written contract, by which defendant agreed to employ Collins as steward on the steamer “ Dashaway,” in which defendant was interested, and which was about to be put on the route between San Francisco and Sacramento, from October 1st, 1859, to October 1st, 1860, at the wages of one hundred dollars per month, payable monthly. Collins was ready to enter upon his duties according to the contract on the first of October, but the “ Dashaway ” was then and for some time…
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
The law is well settled, that where a contract for service is made for a fixed period, if the employer discharge the servant before its termination without good cause, he is still liable, and the servant may recover the stipulated wages. In the present case, the steamer upon which Collins was employed as steward was laid up by the defendant in pursuance of a contract made by him to that effect with other parties; but the defendant did not notify Collins that he should no longer employ him, and Collins continued at all times ready t.o perform the service…
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