Hubbard v. Belden
Supreme Court of Vermont
Contract for service for an entire term. Book Account. On the hearing before the auditor, the following facts appeared. The plaintiff contracted to work for the defendant six months at $12-| per month, and did work for him four months and five days, when he received an injury in his back, which rendered him incapable of labor for a about one week.
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Contract for service for an entire term. Book Account. On the hearing before the auditor, the following facts appeared. The plaintiff contracted to work for the defendant six months at $12-| per month, and did work for him four months and five days, when he received an injury in his back, which rendered him incapable of labor for a about one week. After this, he performed light work for about one week more, and thence to the end of the six months he was able to perform, and did perform, for others, full work, most of the time at one dollar per day. About one week after the plaintiff quit, the…
1Opinion of the Court
*646The opinion of the court was delivered by
Redfield, Ch. J.
This court having decided in Fenton v. Clark, 11 Vt, that sickness will so far release a party to a contract to perform labor for an entire term from the performance of his contract, as to enable him to maintain an action to recover for part performance, it only seems to be a question of the character of the indisposition, as to severity and length of time. The sickness in the present case seems to have been sufficiently severe, as it wholly incapacitated the plaintiff from labor; and as it continued unabated for one week, and partially…
2Cited by13 opinions
- Johnson v. WalkerMassachusetts Supreme Judicial Court · 1892
- Agnew v. Walden & SonSupreme Court of Alabama · 1887
- Kelly & Bragg v. Town of BradfordSupreme Court of Vermont · 1860
- Parker v. MacOmberSupreme Court of Rhode Island · 1892
- Viles v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1906
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