Gerardo v. Brush
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by William Gerardo against Alfred E. Brush for the breach of a contract of employment. From a judgment for plaintiff, defendant brings error. Plaintiff claims that he was employed as engineer on board the defendant’s yacht for the season of 1897, commencing April 1st. His contract was with Capt. Klintworth, the captain of the yacht, and was made about the 27th of March. The contract rested in parol.
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Error to Wayne; Hosmer, J. Assumpsit by William Gerardo against Alfred E. Brush for the breach of a contract of employment. From a judgment for plaintiff, defendant brings error. Plaintiff claims that he was employed as engineer on board the defendant’s yacht for the season of 1897, commencing April 1st. His contract was with Capt. Klintworth, the captain of the yacht, and was made about the 27th of March. The contract rested in parol. The claim of the defendant is that plaintiff was employed from month to month, and that he was discharged at the end of the first month. After the season…
1Opinion of the CourtGrant, C. J.
(after stating the above facts). 1. Defendant insists that the evidence shows no authority on the part of Capt. Klintworth to make the contract for the defendant. Plaintiff testified that Capt. Klintworth informed him that the engagement would be by the season, and not. by the year; that on the 18th or 20th of April the captain informed him that his services would no longer be required after that month; that he saw Mr. Brush on the yacht about the 28th of April, and asked him why he was not going on the new boat which defendant had purchased, with the rest of the crew, to which defendant…
2Cases cited6 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Knowles v. PeopleMichigan Supreme Court · 1867
- Hillman v. SchwenkMichigan Supreme Court · 1888
- Jones v. Graham & Morton Transportation Co.Michigan Supreme Court · 1883
- O'Rourke v. O'RourkeMichigan Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. MatickaMichigan Supreme Court · 1943
- Patrick v. Pulte-Strang, Inc.Michigan Court of Appeals · 1967
- Rawlings v. Clyde Plank & Macadamized Road Co.Michigan Supreme Court · 1909
- Ketchum v. FillinghamMichigan Supreme Court · 1910