Parcell v. McComber
Nebraska Supreme Court
Error to the district court of Dodge county. The action was brought to recover for work and labor performed by McComber for Parcell.
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Error to the district court of Dodge county. The action was brought to recover for work and labor performed by McComber for Parcell. The answer contained four counts. 1. A general denial. 2. That labor sued for was performed under a contract for a year’s service, Oct. 1, 1876, to Oct. 1, 1877; that Mc-Confber left employment Mar. 15,1877, without cause, etc. 3. A repetition of contract set up in the 2d count, its abandonment by McComber, and claiming damages by reason thereof. 4. Certain payments made by Parcell to McComber., Demurrer to answer overruled as to 1st, 3d, and 4th counts, and…
1Opinion of the CourtCobb, J.
There is an important question presented in this case, one upon which it cannot be claimed that the authorities, either as expressed in the opinions of courts or the treatises of text writers, are agreed. Until the last fifty years it was quite generally held to be the law, both in England and in America, that where a person, having agreed to work for another -for a definite period of time, voluntarily leaves such service without any fault on the part of the employer, and without his consent, before the expiration of the term, he cannot recover in any form of action for the services actually…
2Cases cited1 opinion
- Duncan v. BakerSupreme Court of Arkansas · 1878
3Cited by7 opinions
- Pierce v. StaubSupreme Court of Connecticut · 1906
- Peters v. HalliganNebraska Supreme Court · 1967
- Timberlake v. ThayerMississippi Supreme Court · 1893
- Humphrey v. JohnsonIndiana Court of Appeals · 1920
- West v. Van PeltNebraska Supreme Court · 1892
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