Krou v. Verkentoren
Supreme Court of Alabama
AppexVL from the City Court of Decatur. Tried before the Hon. Vh. H. Simpson. This action was brought by John Verkentoren, against J. L. Krou, and was commenced on the 8th January, 1889. The complaint contained only the common counts, each claiming $335.80. The action was commenced in the Circuit Court,, and was transferred by consent to the City Court of Decatur and the cause was there submitted to the decision of the court, without a jury.
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AppexVL from the City Court of Decatur. Tried before the Hon. Vh. H. Simpson. This action was brought by John Verkentoren, against J. L. Krou, and was commenced on the 8th January, 1889. The complaint contained only the common counts, each claiming $335.80. The action was commenced in the Circuit Court,, and was transferred by consent to the City Court of Decatur and the cause was there submitted to the decision of the court, without a jury. The defendant pleaded the general issue,- and set-off; and issue was joined on these pleas. The bill of exceptions states that the statute of frauds was'…
1Opinion of the CourtClopton, J.
Whether or not the contract of employment was for one year, or only for the balance of the year in which it was made, are immaterial questions. Plaintiff does not sue for the breach of a special contract, but for work and labor done, using the common counts. The suit was instituted before the expiration of a year from the time the contract was made, and the court gave plaintiff judgment only for the balance due for the actual time he worked for defendant. That defendant agreed to pay plaintiff thirty dollars per month, payable monthly, to milk his cows and care for his stock, and that…
2Cases cited1 opinion
- Mobile & Montgomery Railway Co. v. ClantonSupreme Court of Alabama · 1877
3Cited by1 opinion
- H. & L. M. Warten Cotton Co. v. McGuireSupreme Court of Alabama · 1921