Legal Opinion

Cook v. Enterprise Transportation Co.

Massachusetts Supreme Judicial Court

Decided December 31, 1907PublishedCited by 21 opinions

Contract, with a declaration as follows: “ And the plaintiff says that he made an agreement with the defendant corporation to .work for it as a steamboat captain for the term of one year beginning the thirty-first day of May, 1905, at a salary of $1,500 per year ; that the defendant nevertheless refused to perform its said agreement and refused to employ the plaintiff or to pay him any part of his salary, and repudiated said agreement; that the plaintiff has always held…

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Contract, with a declaration as follows: “ And the plaintiff says that he made an agreement with the defendant corporation to .work for it as a steamboat captain for the term of one year beginning the thirty-first day of May, 1905, at a salary of $1,500 per year ; that the defendant nevertheless refused to perform its said agreement and refused to employ the plaintiff or to pay him any part of his salary, and repudiated said agreement; that the plaintiff has always held himself in readiness to complete and perform his said agreement and has been unable to obtain any other employment; and that…

1Opinion of the Court

RÚGG, J.

The plaintiff seeks to recover for breach of an express, oral contract to employ him as captain of a steamboat for one year, at a salary of $1,500. The plaintiff introduced evidence tending to support his contention. The defendant’s exceptions relate solely to evidence. One Brady, the vice-president and general manager of the defendant, was asked, “ What is the custom in steamship circles with regard to hiring of men ? ” This inquiry was excluded upon objection, whereupon the defendant’s attorney said, “ It seems to me, where the contract is very ambiguous as to the time, that any…

2Cases cited1 opinion

  1. Warren v. Spencer Water Co.Massachusetts Supreme Judicial Court · 1887

3Cited by21 opinions

  1. King v. GraceMassachusetts Supreme Judicial Court · 1936
  2. Reilly v. Selectmen of BlackstoneMassachusetts Supreme Judicial Court · 1929
  3. State v. WarnerSupreme Judicial Court of Maine · 1967
  4. Ford v. RogovinMassachusetts Supreme Judicial Court · 1935
  5. Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918

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