Markham v. . Markham
Supreme Court of North Carolina
This was a civil ACTION, tried on appeal from a Justice of the Peace, before Winston, J., at October Term, 1891, of the Superior Court of Durham County. The plaintiff testified: “ I was in the employ of the defendant from January 1, 1891, to June 2, 1891. The contract between us was that I was to work for him from January 1, 1891, to January 1, 1892, at the rate of $45 per month, oras I needed the money. Nothing wks said about how I was to be paid. I was working by the year.
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This was a civil ACTION, tried on appeal from a Justice of the Peace, before Winston, J., at October Term, 1891, of the Superior Court of Durham County. The plaintiff testified: “ I was in the employ of the defendant from January 1, 1891, to June 2, 1891. The contract between us was that I was to work for him from January 1, 1891, to January 1, 1892, at the rate of $45 per month, oras I needed the money. Nothing wks said about how I was to be paid. I was working by the year. I began work on January 1, 1891; had been working for defendant as clerk for several years, and had been carrying the…
1Opinion of the Court
Avery, J.:
If the agreement was that the plaintiff should sell goods as a clerk for a year with a fixed compensation of forty-five dollars per month, the defendant could not discharge him during the year for insufficient reasons, and refuse to let him perform further service without incurring liability for the loss sustained by the plaintiff by reason of such wrongful act. Chamblee v. Baker, 95 N. C., 102.
It seems that this liability would be incurred where there is legal cause on the part of the employee for quitting the service and abandoning the performance of the contract, whether the…
2Cases cited3 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
- Brinkley v. . SwicegoodSupreme Court of North Carolina · 1871
3Cited by11 opinions
- Croom v. . Lumber Co.Supreme Court of North Carolina · 1921
- Croom v. Goldsboro Lumber Co.Supreme Court of North Carolina · 1921
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Pegram v. RailroadSupreme Court of North Carolina · 1905
- Hassard-Short v. . HardisonSupreme Court of North Carolina · 1894
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