Banse v. Tate
Missouri Court of Appeals
Appeal from the Phelps Circuit Court. — Hon. C. C. Bland, Judge. Respondent agreed to work for appellant on his farm from March 1 to wheat sowing time, and, this being true, a failure on his part to carry out his contract forfeited his right to recover for the services he had rendered under said contract up to the time he quit appellant.
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Appeal from the Phelps Circuit Court. — Hon. C. C. Bland, Judge. Respondent agreed to work for appellant on his farm from March 1 to wheat sowing time, and, this being true, a failure on his part to carry out his contract forfeited his right to recover for the services he had rendered under said contract up to the time he quit appellant. Hosey v. Garth, 7 Mo. 94; Caldwell v. Dickinson, 17 Mo. 575; Aaron v. Moore, 34 Mo. 79; JEarp v. Tyler, 73 Mo. 617; 3 "Wait’s Actions and Defenses, p. 603; sec. 14; Henson v. Hampton, 32 Mo. 408.
1Opinion of the CourtBiggs, J.
This is an action for personal services. The plaintiff’s evidence tended to .prove that on or *151before the first day of March, 1893, he agreed to work for the defendant on his farm for fifty cents a dayj that he was to continue to work as long as it was satisfactory to both parties; that he commenced about the fourth day of March, and continued until July 10, at which time the defendant informed him that he no longer needed his services; that, during this time, he worked one hundred and four days, and that the defendant had refused and failed to pay him anything.
On the other hand, the…
2Cases cited9 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Haysler v. OwenSupreme Court of Missouri · 1875
- Earp v. TylerSupreme Court of Missouri · 1881
- Hanel v. FreundMissouri Court of Appeals · 1885
- Posey v. GarthSupreme Court of Missouri · 1841
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- Ziefle v. SeidSupreme Court of Missouri · 1897
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