Ogden-Howard Co. v. Brand
Supreme Court of Delaware
Actions of debt by John H. Brand before a justice of the peace against the Ogden-Howard Company. Judgments for the plaintiff. Defendant brings appeals to the Superior Court (Judges Conrad and Heisel sitting). Verdicts and judgments for plaintiff. Defendant brings errors.
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Actions of debt by John H. Brand before a justice of the peace against the Ogden-Howard Company. Judgments for the plaintiff. Defendant brings appeals to the Superior Court (Judges Conrad and Heisel sitting). Verdicts and judgments for plaintiff. Defendant brings errors. John H. Brand, the plaintiff below and defendant in error, was employed by the Ogden-Howard Company, the defendant below and plaintiff in error, as buyer and manager, under the terms of a written contract under seal, for the period from February first, 1914, to January first, 1919, at a salary of $100 a week. The contract…
1Opinion of the CourtRice, J.
The question presented by the first assignment of error is whether under a contract of hiring, such as the one before us, an action of debt will lie, where an employee hasbeen wrongfully dismissed during the term of employment, for the recovery of damages for wages after dismissal, nothing being due for wages actually earned.
• The plaintiff in error contends that 1)he damages recoverable are not for a sum certain, or capable of being reduced to a certainty by calculation, and therefore an action of debt will not lie.
The defendant in error claims that under the terms of the contract there were…
2Cases cited5 opinions
- Carroll v. CohenSuperior Court of Delaware · 1914
- Shea v. KerrSuperior Court of Delaware · 1899
- Spahn v. WillmanSuperior Court of Delaware · 1897
- Love v. Pusey & Jones Co.Superior Court of Delaware · 1902
- Hitchens v. School District No. 180Superior Court of Delaware · 1905
3Cited by8 opinions
- Williamson v. Columbia Gas & Electric CorporationCourt of Appeals for the Third Circuit · 1939
- Goldman v. Braunstein's, Inc.Supreme Court of Delaware · 1968
- Goodwin v. Cabot Amusement Co.Supreme Judicial Court of Maine · 1930
- Sarle v. School District Number Twenty-Seven (27)Arizona Supreme Court · 1927
- State v. BerenguerSuperior Court of Delaware · 1974
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