Brinkley v. . Swicegood
Supreme Court of North Carolina
Civil action tried before Cloud, J., at Spring Term, 1871, oi Davidson Superior Court. The plaintiff alleged in his complaint that defendant hired him to keep his mill from the 24th of December, 1868, to the 24th of December, 1869, and that defendant discharged him without sufficient cause on the 24th of May, 1869. The suit was instituted in August, 1869, and plaintiff asked for damages up to, and including the entire time for which ho had been hired.
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Civil action tried before Cloud, J., at Spring Term, 1871, oi Davidson Superior Court. The plaintiff alleged in his complaint that defendant hired him to keep his mill from the 24th of December, 1868, to the 24th of December, 1869, and that defendant discharged him without sufficient cause on the 24th of May, 1869. The suit was instituted in August, 1869, and plaintiff asked for damages up to, and including the entire time for which ho had been hired. There was evidence tending to prove that plaintiff had been wrongfully discharged. The defendant’s counsel asked the Court to charge tlie jury,…
1Opinion of the CourtPearson, C. J.
The defendant certainly has no right to complain oí his Honor’s charge. "When a man wrongfully violates his part of the contract, as a matter of course, the other party may sue for the breach; and as a further matter of course, the action may be commenced as soon as the injury is done. This is too plain to allow of discussion.
The matter is only complicated, and the judgment contused by reference to the many cases cited in the notes to Culter v. Powell, 2 Smith Lead. Cases, 38, 39. As to whether a servant or agent who is dismissed, without sufficient cause, may not treat the contract as…
2Cited by13 opinions
- Hughes v. . BooneSupreme Court of North Carolina · 1889
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Gallegos v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1923
- Oldham v. . KerchnerSupreme Court of North Carolina · 1878
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