Fairbanks v. Nelson
Supreme Court of Vermont
Special Assumpsit to recover damages for a breach of contract of employment. Trial by jury, September term, 1883, Tart, J., presiding. Verdict for the plaintiff. The defendant’s counsel requested the court to charge: VI.
Read the full summary
Special Assumpsit to recover damages for a breach of contract of employment. Trial by jury, September term, 1883, Tart, J., presiding. Verdict for the plaintiff. The defendant’s counsel requested the court to charge: VI. If the jury find that the plaintiff was an incompetent book-keeper, salesman, clerk, and manager of help, was inaccurate in accounts, ignorant of general business rules, ungracious and disagreeable in his contact with customers and employes, and was an inefficient assistant and “right hand man,” the plaintiff cannot recover. VII. If the jury find, that, in general, his…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
In the plaintiff’s letter applying for a position in the defendant’s store, he said: “I learn that you want a live, active young man as clerk or salesman in your furniture store. Am out of business at present, and desirous of entering some mercantile house where a man of ability can rise. Am a graduate of Brown University; understand and have had considerable experience in double entry book-keeping.” * * * “ My education and experience ought to earn me a fair salary.” The plaintiff was received on trial, at a stipulated price, until, as the…
2Cases cited2 opinions
- Jones v. BoothSupreme Court of Vermont · 1838
- Wemet v. Missisquoi Lime Co.Supreme Court of Vermont · 1874