McClellan v. Harris
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action for services. From a judgment in the circuit court reversing the judgment for defendant, the latter appeals. The facts are stated in the opinion.
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Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action for services. From a judgment in the circuit court reversing the judgment for defendant, the latter appeals. The facts are stated in the opinion. A party contracting to labor for a definite term, who fails to fulfill his contract by reason of sickness, is liable to have the amount of his recovery reduced from the contract price by the damages sustained by his employer in consequence of his not being able to complete the full term of service. Patrick v. Putman, 27 Yt. 759; Clark v. Gilbert, 26 N. Y. 279; Allen v.…
1Opinion of the CourtFuller, J.
This action is prosecuted by a legal representative of Roderic C. McClellan, deceased, to recover from the defendant for labor performed by the latter during the farming season immediately preceding his death. Plaintiff obtained judgment for $53.35, and defendant appeals. There is no dispute about the facts, which, briefly stated, are as follows: Under a verbal agreement to serve defendant, for $23 per month, as a farm laborer-, from the 25th day of April. 1892, until the ground became frozen in the fall, Roderic C. McClellan began at that date and continued to work on defendant’s farm until…
2Cases cited6 opinions
- Lacy v. . GetmanNew York Court of Appeals · 1890
- Jennings v. LyonsWisconsin Supreme Court · 1876
- Ryan v. DaytonSupreme Court of Connecticut · 1856
- Fahy v. NorthNew York Supreme Court · 1855
- McFarlane v. CushmanWisconsin Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stolle v. StuartSouth Dakota Supreme Court · 1908