Bast v. Byrne
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. On the 19th of January, 1870, by contract in writing, defendant agreed to pay plaintiff $360 for one year’s work in his store, and to let him have all the goods he needed for himself at cost, with ten per cent, added, during the time, reserving to himself the privilege of dismissing plaintiff at the end of six months if he should no longer need his services; and Bast agreed-to work strenuously in the store for defendant’s…
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APPEAL from the Circuit Court for Green County. On the 19th of January, 1870, by contract in writing, defendant agreed to pay plaintiff $360 for one year’s work in his store, and to let him have all the goods he needed for himself at cost, with ten per cent, added, during the time, reserving to himself the privilege of dismissing plaintiff at the end of six months if he should no longer need his services; and Bast agreed-to work strenuously in the store for defendant’s interest. The complaint alleged the substance of the agreement, and performance by the plaintiff, and admitted payment of…
1Opinion of the CourtCassodat, J.
There is no dispute but that it was a year from the time the plaintiff began the work until he quit. Had he lost no time, he would have fully complied with his contract. It is urged, however, that whenever the plaintiff, from his own fault or necessity, lost any time, it became optional with the defendant to allow him to resume work or not, and that when he did “ choose to allow him to resume work,” then the plaintiff became bound to make up the days so lost, by working after what would have otherwise been the end of the year. In other words, it is claimed that the clause, “ agrees to pay . .…
2Cases cited10 opinions
- Prentiss v. LedyardWisconsin Supreme Court · 1871
- Fenton v. ClarkSupreme Court of Vermont · 1839
- Pixler v. NicholsSupreme Court of Iowa · 1859
- Byerlee v. MendelSupreme Court of Iowa · 1874
- Seaver v. MorseSupreme Court of Vermont · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Koplitz v. PowellWisconsin Supreme Court · 1883
- Diefenback v. StarkWisconsin Supreme Court · 1883
- Raipe v. GorrellWisconsin Supreme Court · 1900
- Jordan v. J. R. Weber Moulding Co.Missouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.