Partington v. Mills
Massachusetts Supreme Judicial Court
Actions of contract, on accounts annexed, for services as weavers in the defendant’s mills. The cases were tried together xi the Superior Court, before Putnam, J. ft appeared that each of the plaintiffs, who were man and wife, entered the service of the defendants under a written contract which contained the following provision: “ If I leave or am obliged to leave the employ ” of the defendants “ from any cause whatever without giving and working out the two weeks’ notice…
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Actions of contract, on accounts annexed, for services as weavers in the defendant’s mills. The cases were tried together xi the Superior Court, before Putnam, J. ft appeared that each of the plaintiffs, who were man and wife, entered the service of the defendants under a written contract which contained the following provision: “ If I leave or am obliged to leave the employ ” of the defendants “ from any cause whatever without giving and working out the two weeks’ notice required by "’ the defendants, “ I forfeit to them whatever may be due to me; ” that each of the plaintiffs was in charge…
1Opinion of the CourtColt, J.
The plaintiffs worked for the defendant corporation under an agreement to forfeit whatever wages might be due, if they left the employ of the company without giving two weeks’ notice. The notice was not given. There was evidence in support of the plaintiffs’ case that a loom at which the female plaintiff worked was out of order. And the only question at the trial was whether the conduct of the plaintiffs was an unjustifiable abandonment of the defendants’ employment within the meaning of the contract.
The defendants in substance requested the court to rule that the facts proved an abandonment,…
2Cited by1 opinion
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