Holloway v. Talbot
Supreme Court of Alabama
Appeal from the Circuit Court of Filce. Tried before the Hon. John P. Hubbard. This action was brought by Bailey Mi Talbot, a minor, suing by his mother as his next friend, against George F. Holloway; and was commenced on the 17th September, 1880. The complaint contained three counts; the first claiming $225, alleged to be due from defendant “ by account, for work and labor done by plaintiff for Holloway & Murphree, a late partnership composed of defendant and Eugene…
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Appeal from the Circuit Court of Filce. Tried before the Hon. John P. Hubbard. This action was brought by Bailey Mi Talbot, a minor, suing by his mother as his next friend, against George F. Holloway; and was commenced on the 17th September, 1880. The complaint contained three counts; the first claiming $225, alleged to be due from defendant “ by account, for work and labor done by plaintiff for Holloway & Murphree, a late partnership composed of defendant and Eugene Murphree (who is not sued), as a clerk in their store, commencing from 10th December, 1879, and ending September 1st, 1880the…
1Opinion of the Court
BRIOKELL, O. J.
The principal question arising upon the *392assignment of errors is not new in this court, and is not ojien to further controversy. The contract made with the plaintiff was for his services as clerk in a dry-goods store, for a particular term, at stipulated wages. . Without fault on his part, and for no other reason than that it suited better new business arrangements, into which the employer entered, he was dismissed before the exjiiration of the term. He declined to accejit the dismissal as a termination of the contract, and elected to treat it as continuing; giving the employer…
2Cases cited3 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Sprague v. MorganSupreme Court of Alabama · 1845
3Cited by17 opinions
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
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