McGregor v. Harm
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Templeton, T. Action by Richard McGregor against Henry Harm and John C. Oeschger. Judgment for defendants, and plaintiff appeals. Contract is not severable because wages are made payable weekly. Diefenback v. Starck, 56 Wis. 462, 14 N. W. 621; Dugan v. Anderson, 36 Md. 567, 11 Am. Rep. 509; Olmstead v. Bach, 78 Md, 132, 22 L. R. A. 74, 44 Am.
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Appeal from District Court, Grand Forks county; Templeton, T. Action by Richard McGregor against Henry Harm and John C. Oeschger. Judgment for defendants, and plaintiff appeals. Contract is not severable because wages are made payable weekly. Diefenback v. Starck, 56 Wis. 462, 14 N. W. 621; Dugan v. Anderson, 36 Md. 567, 11 Am. Rep. 509; Olmstead v. Bach, 78 Md, 132, 22 L. R. A. 74, 44 Am. St. Rep.' 273. Where servant is discharged before the expiration of the period of his employment, he can recover on a quantum meruit. Tiffany on Domestic Relations, 474; 26 Cyc. 1000 and cases there cited;…
1Opinion of the CourtMorgan, C. J.
Action for an alleged balance of wages. The plaintiff was employed by the defendants as bartender in East Grand Forks, Minn., and worked as such from April 23 to August 26, 1907, for the agreed wages of $25 per week. On August 26th a new contract was entered into, under which defendants were to pay the plaintiff $20 per week, and, if he worked one year and kept sober, he was to receive $5 per week in addition. According to the” record, there is no substantial controversy as to the terms of the contract. A careful reading of the plaintiff’s evidence clearly shows the above to have been the…
2Cases cited2 opinions
- Kenyon v. Western Union Tel. Co.California Supreme Court · 1893
- Hass v. PrescottWisconsin Supreme Court · 1875
3Cited by8 opinions
- Hummel v. Mid Dakota Clinic, P.C.North Dakota Supreme Court · 1995
- Kohler v. StephensNorth Dakota Supreme Court · 1946
- Clark v. MasonCourt of Appeals of Kentucky (pre-1976) · 1934
- McKelvy v. Choctaw Cotton Oil Co.Supreme Court of Oklahoma · 1915
- Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1939
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