Sweet v. McEwen
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. Instruction No. 2 given for defendant is fundamentally erroneous. In no ease can tlie defense of other employment operate to defeat entirely plaintiff’s cause of action; plaintiff is at least entitled to nominal damages. 18 R. C. L. 528; 6 L. R. A. (N. S.) 99, note; 44 Pa. St. 99; 84 Am.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. Instruction No. 2 given for defendant is fundamentally erroneous. In no ease can tlie defense of other employment operate to defeat entirely plaintiff’s cause of action; plaintiff is at least entitled to nominal damages. 18 R. C. L. 528; 6 L. R. A. (N. S.) 99, note; 44 Pa. St. 99; 84 Am. Dec. 419; 58 Ark. 617-623; 9 Id. 194; 49 111. App. 304. 2. Instruction N o. 6 asked by defendants states the correct rule, but because of the fundamental error in No. 2, the two instructions are in conflict. Mrs. Sweet was not required to seek…
1Opinion of the CourtSmith, J.
This is a suit for damages for breach of a contract of employment. It is undisputed that appellee McEwen, who is a merchant engaged in the millinery business in Pine Bluff, had employed Mrs. Sweet, the appellant, who is a milliner, for a period of one year at a salary of $130 per month; and that he discharged her from the employment before the expiration of that time. The testimony is not abstracted further than the statement, by way of a summary of it, that appellant presented testimony amply sustaining her claim that she had performed the duties called for by her employment capably,…
2Cases cited4 opinions
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- Abbott v. KennedySupreme Court of Arkansas · 1918
- Warden v. MiddletonSupreme Court of Arkansas · 1913
- Simmons v. LuskSupreme Court of Arkansas · 1917
3Cited by3 opinions
- Russellville Special School District No. 14 v. TinsleySupreme Court of Arkansas · 1922
- Williams v. RobinsonSupreme Court of Arkansas · 1923
- Lancaster v. Arkansas Lime Co.Supreme Court of Arkansas · 1922