Miller v. Goddard
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. Assumpsit, for labor performed. The plaintiff worked for the defendant in the woods, three or four months. Both parties admitted, that the labor was performed under a contract for a longer term at an agreed price per month. The plaintiff insisted, that the defendant discharged him without cause. On the other side it was insisted, that the plaintiff voluntarily quit, without fault or consent of' the defendant.
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On Exceptions from the District Court, Hathaway, J. Assumpsit, for labor performed. The plaintiff worked for the defendant in the woods, three or four months. Both parties admitted, that the labor was performed under a contract for a longer term at an agreed price per month. The plaintiff insisted, that the defendant discharged him without cause. On the other side it was insisted, that the plaintiff voluntarily quit, without fault or consent of' the defendant. Upon these questions, evidence was introduced. The Judge instructed the jury that, if the plaintiff agreed to work during the…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by
Wells, J.
This was an action for work performed under a special contract, in which, it was alleged, the plaintiff was to labor during the season of lumbering, at an agreed price per month.
The Judge of the District Court instructed the jury in substance, that if the plaintiff left the employment of the defendant before the contract was performed without the fault or consent of the defendant, still the plaintiff could recover his wages for the time he labored, deducting the damages, which the defendant…
2Cases cited1 opinion
- Lantry v. ParksCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by7 opinions
- Terrio v. Millinocket Community HospitalSupreme Judicial Court of Maine · 1977
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Parry v. American Opera Co.City of New York Municipal Court · 1887
- Brand v. Ogden-Howard Co.Superior Court of Delaware · 1920
- Beals v. Montgomery Ward Co.Supreme Judicial Court of Maine · 1955
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