Jennings v. Lyons
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lae County. Plaintiff brought this action to recover the value of the services of himself and wife for four months and ten days.
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APPEAL from the Circuit Court for Fond du Lae County. Plaintiff brought this action to recover the value of the services of himself and wife for four months and ten days. The' defense was, that the services were rendered under a contract by which plaintiff and his wife were to wort for defendant one year from November 17, 1873, he upon the farm and she in the house, for $300; that it was distinctly understood that defendant’s object was to secure plaintiff’s services during the spring, summer and fall months, and that he would not employ plaintiff during the winter months excejff for that…
1Opinion of the CourtCole, J.
We have no doubt that the contract was for the personal services of the plaintiff and wife. The counsel for the defendant claimed that the work to be performed by the wife required no peculiar skill, and could have been performed by any ordinary hired girl competent to do housework. • Rut the relations which a domestic servant holds to the family, and the nature of the services to be performed, are such, that the temper, habits, intelligence and character of the person are more regarded than mere ability to do work. Considering the nature of the employment, if ever a contract can be said to…
2Cases cited3 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Ryan v. DaytonSupreme Court of Connecticut · 1856
- Green v. GilbertWisconsin Supreme Court · 1867
3Cited by24 opinions
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- Handicapped Children's Education Board v. LukaszewskiWisconsin Supreme Court · 1983
- Winkler v. Racine Wagon & Carriage Co.Wisconsin Supreme Court · 1898
- Foster v. SingerWisconsin Supreme Court · 1887
- Stern v. Ace Wrecking Co.District of Columbia Court of Appeals · 1944
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