Legal Opinion

Rogers v. Parham

Supreme Court of Georgia

Decided February 15, 1850No. 32PublishedCited by 18 opinions

Case, in Crawford Superior Court. Tried before Judge Floyd, August Term, 1849. This was a special action, on the case brought by John S. Par-ham against Augustine C. Rogers, for the breach of a contract, in writing, by which Parham was bound to act as overseer for Rogers, for the year 1847, in consideration of which he was to receive a certain portion of the corn, cotton, fodder and wheat made on the farm.

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Case, in Crawford Superior Court. Tried before Judge Floyd, August Term, 1849. This was a special action, on the case brought by John S. Par-ham against Augustine C. Rogers, for the breach of a contract, in writing, by which Parham was bound to act as overseer for Rogers, for the year 1847, in consideration of which he was to receive a certain portion of the corn, cotton, fodder and wheat made on the farm. The breach alleged (in three counts, varied,) was that Rogers, about the 12th August, 1847, peremptorily and without cause, dismissed Parham from his employment, to his damage $500. Several…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] There are but two questions presented by the record in this case, for our judgment. 1st. Did the Court err in refusing to non-suit the plainliff ? It appears that the plaintiff and defendant entered into a written, special contract, by which the former was to act as the overseer of the latter, for the year 1847, and to receive a stipulated portion of the crop for his services. The plaintiff alleges that the defendant, in the month of August, dismissed him from his employment, and this suit was instituted in November, 1847, to recover damages…

2Cited by18 opinions

  1. Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
  2. Shubert v. SpeirSupreme Court of Georgia · 1946
  3. Harvey v. J. H. Harvey Co.Court of Appeals of Georgia · 2002
  4. Rosenstock v. Congregation Agudath AchimCourt of Appeals of Georgia · 1968
  5. Ansley v. JordanSupreme Court of Georgia · 1878

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