Doolittle v. Pacific Coast Safe & Vault Works
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Bean. This is an action by B. N. Doolittle against the Pacific Coast Safe & Vault Works, a corporation, for damages for breach of a contract. The court tried the cause without a jury, making findings of fact in favor .of the plaintiff. From a judgment rendered thereon for $1,000 defendant appeals.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Bean. This is an action by B. N. Doolittle against the Pacific Coast Safe & Vault Works, a corporation, for damages for breach of a contract. The court tried the cause without a jury, making findings of fact in favor .of the plaintiff. From a judgment rendered thereon for $1,000 defendant appeals. Plaintiff alleges the corporate character of defendant, and, in effect, that prior to September 1, 1911, the corporation entered into a contract with him by the terms of which he was employed to act as general superintendent of its…
1Opinion of the CourtJustice Bean
1-6. As a general rule, in the United States, an indefinite hiring is presumed to be a hiring at will, in the absence of evidence of custom, or of facts and circumstances showing a contrary intention on the part of the parties. "While it is generally held that the fact that a hiring at so much per day, week, month or year raises no presumption that the hiring was for such a period, but only at the rate fixed for whatever time the party may serve, yet the rate and mode of payment are often determinative of the period of service, and in some cases it has been held that they do raise a…
2Cases cited9 opinions
- Flegel v. DowlingOregon Supreme Court · 1909
- Fisk v. HenarieOregon Supreme Court · 1886
- Christensen v. Pacific Coast Borax Co.Oregon Supreme Court · 1894
- Chamberlain v. Detroit Stove WorksMichigan Supreme Court · 1894
- Franklin Mining Co. v. HarrisMichigan Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harrington v. Deloraine Refining Co.Montana Supreme Court · 1935
- Stewart Dry Goods Co. v. HutchisonCourt of Appeals of Kentucky · 1917
- David Koepping v. Tri-County Metropolitan Transportation District of Oregon Jerry WilliamsCourt of Appeals for the Ninth Circuit · 1997
- Langendorf United Bakeries, Inc. v. MooreCourt of Appeals for the Ninth Circuit · 1964
- Thomas v. BourdetteCourt of Appeals of Oregon · 1980
3 more not listed; retrieve them via the Exa API.