Jordan v. J. R. Weber Moulding Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spenoer, Judge. A waiver of a right to discharge a servant may be presumed from circumstances. Prentiss v. Ledyard, 28 Wis. 131; 3 Poster & Pin. 160. Discharge for a certain cause should be reasonably soon after knowledge of the cause in order to avail the employer. Williams v. Jester, 64 Gra. 737; Bast v. Byrne, 51 Wis. 531; Jordan v. Webber, 72 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spenoer, Judge. A waiver of a right to discharge a servant may be presumed from circumstances. Prentiss v. Ledyard, 28 Wis. 131; 3 Poster & Pin. 160. Discharge for a certain cause should be reasonably soon after knowledge of the cause in order to avail the employer. Williams v. Jester, 64 Gra. 737; Bast v. Byrne, 51 Wis. 531; Jordan v. Webber, 72 Mo. App. 325; Shaver v. Ingham, 39 Mich. 654. It was reversible error for the court, in its ninth instruction, to direct the jury that “the disobedience (to justify discharge) must be in…
1Opinion of the CourtBiggs, J.
The plaintiff was employed by the defendant for a definite time as a traveling salesman. He claims that prior to the expiration of the time he was wrongfully discharged. He sues for the violation of the contract. This is the second time the cause has been before us (72 Mo. App. 325). The opinion on *574the former hearing contains a full statement of the facts. We reversed the judgment for error in one of plaintiff’s instructions. The instruction in referring to the plaintiff’s discharge used the phrase “without just cause,” without explaining its meaning. The cause has been retried, and the…
2Cases cited2 opinions
- Bast v. ByrneWisconsin Supreme Court · 1881
- Jordan v. J. R. Webber Moulding Co.Missouri Court of Appeals · 1897
3Cited by5 opinions
- Craig v. ThompsonSupreme Court of Missouri · 1951
- Willett v. Reorganized School District No. 2 of Osage CountyMissouri Court of Appeals · 1980
- Lubriko Co. v. WymanCourt of Appeals for the Third Circuit · 1923
- Lindner v. Cape Brewery & Ice Co.Missouri Court of Appeals · 1908
- Wolf v. Personnel Advisory BoardMissouri Court of Appeals · 1980