Trustees of Soldiers' Orphans' Home v. Shaffer
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. The Trustees of the Soldiers’ Orphans’ Home, by a resolution properly adopted and recorded on their minutes, hired Bobert Shaffer for one year. He was, before the expiration of his term, summarily dismissed, as appears, without justifiable cause, and brought suit to recover wages for the unexpired portion of his term.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. The Trustees of the Soldiers’ Orphans’ Home, by a resolution properly adopted and recorded on their minutes, hired Bobert Shaffer for one year. He was, before the expiration of his term, summarily dismissed, as appears, without justifiable cause, and brought suit to recover wages for the unexpired portion of his term. Judgment being in his favor, the trustees bring the case to this court for review.
1Opinion of the CourtJustice Thornton
The contract in this case was reduced to writing, in the form of a resolution of the board of trustees, fixing definitely the time and terms of hiring. The term was for one year, and before its expiration appellee was discharged. This suit was brought to recover for the wages after dismissal, as all that was due for work actually performed had been paid.
Where a servant is hired for a fixed period, and is discharged without cause, during the term, he may recover for the whole time, deducting any amount obtained for work elsewhere, or which might have been obtained by reasonable effort. But the…
2Cited by12 opinions
- Warner v. Channell Chemical Co.Washington Supreme Court · 1922
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- Douglass v. Merchants' InsuranceNew York Court of Appeals · 1890
- Jones v. DuntonAppellate Court of Illinois · 1880
- Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
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