Hagerty v. Nashua Look Co.
Supreme Court of New Hampshire
Assumpsit. Facts found by the court. The plaintiff is a minor. He engaged to work for the defendants two years, and to learn the trade of a moulder. The defendants agreed to pay him $1.00 a day for the first quarter of the two years, $1.17 for the second quarter, $1.34 for the third quarter, and $1.50 for the fourth quarter. They were to retain ten cents for each day’s work until the end of the two years.
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Assumpsit. Facts found by the court. The plaintiff is a minor. He engaged to work for the defendants two years, and to learn the trade of a moulder. The defendants agreed to pay him $1.00 a day for the first quarter of the two years, $1.17 for the second quarter, $1.34 for the third quarter, and $1.50 for the fourth quarter. They were to retain ten cents for each day’s work until the end of the two years. If he voluntarily left their employment in violation of the agreement, he was to forfeit the amount retained, and all wages due when he left. No memorandum of the contract was signed by or…
1Opinion of the CourtDoe, C. J.
On a quantum meruit the plaintiff demands what he is justly entitled to. The contract which he repudiated, and on which four payments had been made, was an entire one for two years’ work. He can recover no more than is equitably due ; and equity considers the whole transaction, including the fact that during the first four months he received more than he earned. The question of justice is not limited to a month, or to the damages for which the defendants can maintain an action against him. The law of the case is no more inconsistent with moral right than his contractual disability requires!…
2Cases cited2 opinions
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Bartlett v. BaileySupreme Court of New Hampshire · 1879