Frary v. American Rubber Co.
Supreme Court of Minnesota
Appeal by plaintiff, A. C. Frary, from an order of the District Court of Eamsey County, Brill, J., made August 1, 1892, denying his application for a new trial. This action was upon the- contract with the American Rubber Company set out in the opinion. The plaintiff asked judgment for his salary, for June, 1S91, $250, and for damages for improperly discharging him without adequate cause, $2,250 more. The judge directed the jury to return a verdict for the $250 only.
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Appeal by plaintiff, A. C. Frary, from an order of the District Court of Eamsey County, Brill, J., made August 1, 1892, denying his application for a new trial. This action was upon the- contract with the American Rubber Company set out in the opinion. The plaintiff asked judgment for his salary, for June, 1S91, $250, and for damages for improperly discharging him without adequate cause, $2,250 more. The judge directed the jury to return a verdict for the $250 only. Plaintiff excepted, and moved the court to grant a new trial. The court refused; saying: “The contract provided that the…
1Opinion of the CourtGilfillan, C. J.
Plaintiff, then a resident of Boston, Mass., and the defendant, a corporation, whose principal place of business was the same place, entered into this contract:
“Boston, Dec.--, 1890.
“We agree to pay A. C. Frary ($250) two hundred and fifty dollars per month from Jan. 1, 1891, to April 1, 1892, for his services in carrying on our business in St. Paul, to our satisfaction and under our control. American Eubber Company.
“E. D. Evans.
“I hereby accept the above.
“A. C. Frary.”
May 27, 1891, defendant discharged plaintiff from July 1st following, giving no other reason for it than that his conduct of…
2Cases cited2 opinions
- Folliard v. WallaceNew York Supreme Court · 1807
- Butler v. Winona Mill Co.Supreme Court of Minnesota · 1881
3Cited by11 opinions
- Blaine v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
- Bettinger v. North Fort Worth Ice Co.Court of Appeals of Texas · 1925
- Steller v. ThomasSupreme Court of Minnesota · 1950
- Beissel v. Vermillion Farmers Elevator Co.Supreme Court of Minnesota · 1907
- American Trading Co. v. SteeleCourt of Appeals for the Ninth Circuit · 1921
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