Earp v. Tyler
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. J. D. Parkinson* J udge. This was an action to recover for farm labor. The evidence tended to show that plaintiff commenced work for defendant in March, under an agreement that he should continue until the last of October or the first of November following, that he worked until the 28rd day of June, or just before harvest, and then quit, without cause or excuse; • and that defendant had been damaged by his quitting.
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Appeal from Barton Circuit Court. — Hon. J. D. Parkinson* J udge. This was an action to recover for farm labor. The evidence tended to show that plaintiff commenced work for defendant in March, under an agreement that he should continue until the last of October or the first of November following, that he worked until the 28rd day of June, or just before harvest, and then quit, without cause or excuse; • and that defendant had been damaged by his quitting. The court refused an instruction to the effect that if the jury believed that plaintiff had,quit before the expiration of the time for…
1Opinion of the CourtHough, J.
It is the settled law of this State that when one person contracts to labor for another for a specified^ term and leaves the service of his employer before the expiration of such term without any cause proceeding from the employer, or the “ act of God,” he cannot maintain an action for the value of the services he has rendered. Posey v. Garth, 7 Mo. 94; Caldwell v. Dickson, 17 Mo. 575; Schnerr v. Lemp, 19 Mo. 40; Henson v. Hampton, 32 Mo. 408 2 Parsons on Contracts, 36, and note g. Eor the rule in the case of building contracts, vide Haysler v. Owen, 61 Mo. 270. As the circuit court, in the…
2Cases cited5 opinions
- Haysler v. OwenSupreme Court of Missouri · 1875
- Posey v. GarthSupreme Court of Missouri · 1841
- Schnerr v. LempSupreme Court of Missouri · 1853
- Caldwell v. DicksonSupreme Court of Missouri · 1853
- Henson v. HamptonSupreme Court of Missouri · 1862
3Cited by17 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Dempsey v. DorranceMissouri Court of Appeals · 1910
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
- Blanton v. KingMissouri Court of Appeals · 1898
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
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