Durgin v. Baker
Supreme Judicial Court of Maine
Assumpsit on account annexed, and quantum meruit for two months labor. The contract was, that the plaintiff “ should labor for the defendant six months at $13 per month, if they could agree.” The plaintiff worked two months and then quit. For that labor, this suit is brought.
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Assumpsit on account annexed, and quantum meruit for two months labor. The contract was, that the plaintiff “ should labor for the defendant six months at $13 per month, if they could agree.” The plaintiff worked two months and then quit. For that labor, this suit is brought. It was tried in the District Court, Hailaway, J. The Judge was requested by the defendant to instruct the jury, that the plaintiff could not recover, without showing that he had reasonable cause for disagreement. That instruction was not given. Yerdict for plaintiff. Exceptions by defendant. Where a contract is made for…
1Opinion of the Court
Howard, J.,
orally.—The contract reserves to each of the parties the largest liberty.. Neither could control the other. Either might terminate the contract at pleasure. It was not .requisite that he should have a reason for it. He cannot, therefore, be required to prove one.
Exceptions overruled.
2Cited by2 opinions
- McClure Bros. v. BriggsSupreme Court of Vermont · 1886
- Finger v. Koch & Schilling Brewing Co.Missouri Court of Appeals · 1883