Emery v. Smith
Supreme Court of New Hampshire
Indebitatus Assumpsit, for labor and services. Writ dated Oct. 7, 1861. The plaintiff worked for the defendant as clerk in his store two years, commencing Oct. 5, 1858. This action was brought to recover the balance due for the second year’s work.
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Indebitatus Assumpsit, for labor and services. Writ dated Oct. 7, 1861. The plaintiff worked for the defendant as clerk in his store two years, commencing Oct. 5, 1858. This action was brought to recover the balance due for the second year’s work. Subject to the defendant’s exception, the plaintiff was allowed to testify that, a short time before Oct. 5, 1858, he made a parol agreement with the defendant, to work for him, and to receive $100 for the first year, and $200 for the second year, and that nothing was afterwards said about it. The court instructed the jury that, if the parties…
1Opinion of the CourtBellows, J.
The agreement, as stated in the case, was originally within the statute of frauds, because it was not to be performed within & year. On this point the authorities are clear. A contract for a year’s service to commence some days hence must be in writing. Bracegirdle v. Heald, 1 B. & A. 722; 1 Smith’s Lead. Cases *144, notes to Peter v. Compton; King v. Welcome, 5 Gray 41.
So when the agreement was for service at stipulated wages per year, increasing yearly for five years; Giraud v. Richmond, 2 M. G. & S. 835; 2 C. B. 835. So, of an oral contract to work for another, two years at $100.00; Drummond…
2Cases cited8 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Broadwell v. GetmanNew York Supreme Court · 1846
- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
- Drummond v. A. & N. BurrellNew York Supreme Court · 1835
- Thomas v. DickinsonNew York Supreme Court · 1852
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