Hosley v. . Black
New York Court of Appeals
This action was brought to recover for nine months’ services, rendered by the plaintiff (his wife assisting him) in teaching a school, in school district Ho. 12, in the towns of Almond and Hornellsville, at the price of fifty dollars per month for the first three months, and sixty dollars» per month for the last six months.
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This action was brought to recover for nine months’ services, rendered by the plaintiff (his wife assisting him) in teaching a school, in school district Ho. 12, in the towns of Almond and Hornellsville, at the price of fifty dollars per month for the first three months, and sixty dollars» per month for the last six months. It was tried at the Allegany circuit in March, 1858, when the plaintiff proved that he first taught the school thirteen weeks, (his wife acting as assistant teacher,) commencing April 21, 1855, not opening the school, however, on any Saturday except the first, at the…
1Opinion of the CourtBalcom, J.
The objection to the evidence given by the plaintiff, to show that the defendants consented that Saturdays should be counted in ascertaining the length of time the plaintiff taught the school, was placed upon the ground that it was not competent to show a waiver of the performance of the contract to teach the school, under the allegation of the complaint.
The technical rule undoubtedly is, that under a complaint setting out a contract and averring its performance by the plaintiff, evidence in excuse for non-performance is not admissible. (Oakley v. Morton, 1 Kern. 25.) But this rule is of very…
2Cases cited2 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Farron v. . SherwoodNew York Court of Appeals · 1858
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- Morowski v. RohrigNew York Court of Common Pleas · 1893
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