Monell v. Burns
New York Supreme Court
Error to the Orange common pleas, to review a judgment in a suit in which Burns was plaintiff and Monell was defendant, which arose in a justice’s court and was tried in the common pleas on appeal. The declaration was for work and labor, and non-assumpsit was pleaded. It appeared that in the latter part of March, 1844 the plaintiff agreed to work for the defendant on his farm for seven months at ten dollars a month.
Read the full summary
Error to the Orange common pleas, to review a judgment in a suit in which Burns was plaintiff and Monell was defendant, which arose in a justice’s court and was tried in the common pleas on appeal. The declaration was for work and labor, and non-assumpsit was pleaded. It appeared that in the latter part of March, 1844 the plaintiff agreed to work for the defendant on his farm for seven months at ten dollars a month. There was some evidence, though slight, that if either party became dissatisfied he should have a right to abandon the bargain. The plaintiff commenced work about the time the…
1Opinion of the Court
By the Court, Beardsley, J.
These parties made an ab solute agreement that the plaintiff should work for the defendant seven months at ten dollars a month; or that he should do so unless one or the other of the parties became dissatisfied. I think the agreement was an absolute one, although, as the case is now presented, it is of no consequence whether it was absolute or upon the condition stated, for it is not pretended that the plaintiff brought the contract to a close in consequence *123of any dissatisfaction on his part. The plaintiff labored, in pursuance of this contract, for about six…
2Cited by6 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Kimball v. School District No. 122Washington Supreme Court · 1900
- Ellison v. JonesNew York Supreme Court · 1891
- Jenkins v. WheelerNew York Court of Appeals · 1867
- Delmar v. Kinderhook Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.