Spahn v. Willman
Superior Court of Delaware
Action of assumpsit (No. m to May T., 1896,) with the common counts and one special count for work and labor and one forjspecial damages. The pleas were non-assumpsit and reps, and issues. There was no bill of particulars filed. The special count set forth damages by reason of the non-performance of a contract on the part of defendant below.
Read the full summary
Action of assumpsit (No. m to May T., 1896,) with the common counts and one special count for work and labor and one forjspecial damages. The pleas were non-assumpsit and reps, and issues. There was no bill of particulars filed. The special count set forth damages by reason of the non-performance of a contract on the part of defendant below. Willman alleged that he was hired by Spahn to take charge of his farm in Brandywine Hundred for the period commencing September 14th, 1896, and continuing until the following 25th of March, 1897, at the rate of ten dollars per month and his board, he to…
1Opinion of the Court
Tore, C.
J:—You may show what he earned and received, during the time for which he claims the defendant should pay him.
Spruance, J:—
It goes to the measure of damages.
Plaintiff’s Prayers.
The plaintiff below prayed the Court to charge the jury as follows:
First, That if they should believe the special contract was made for the performance of labor as tenant on the farm for the period of time alleged and the plaintiff was discharged before the end of said period by reason of no default upon his part, he was entitled to recover wages, with any actual damages which he had sustained, and that the…
2Cited by4 opinions
- Heitz v. SayersSuperior Court of Delaware · 1923
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
- Jones v. Charles Warner Co.Superior Court of Delaware · 1912
- Ogden-Howard Co. v. BrandSupreme Court of Delaware · 1919