Wilkinson v. Heavenrich
Michigan Supreme Court
Error to Saginaw. (Gage, J.) Assumpsit. Plaintiff brings error. A contract not to be performed within a year is good if only the party whom it is sought to charge signed it: Clason v. Bailey 14 Johns. 488, criticising Lawrenson v. Butler 1 Sell. & Lef. 13 ; Justice v. Lang 42 N. Y. 493 : 52 N. Y. 323 ; 63 N. Y. 633 ; Worrall v. Munn 5 N. Y. 229; Parton v. Crofts 16 C. B. (N. S.) 11; Farwell v. Lowther 18 111. 252 ; Ilodson v. Garter 3 Pinney 213; Cheney v. Cook 7 Wis. 413;…
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Error to Saginaw. (Gage, J.) Assumpsit. Plaintiff brings error. A contract not to be performed within a year is good if only the party whom it is sought to charge signed it: Clason v. Bailey 14 Johns. 488, criticising Lawrenson v. Butler 1 Sell. & Lef. 13 ; Justice v. Lang 42 N. Y. 493 : 52 N. Y. 323 ; 63 N. Y. 633 ; Worrall v. Munn 5 N. Y. 229; Parton v. Crofts 16 C. B. (N. S.) 11; Farwell v. Lowther 18 111. 252 ; Ilodson v. Garter 3 Pinney 213; Cheney v. Cook 7 Wis. 413; Laythoarp v. Bryant 2 Bing. N. C. 735; Shirley v. Shirley 7 Blackf. 454 ; Cha/mbers v. Alabama Iron Go. 67 Ala. 353 ;…
1Opinion of the CourtChamplin, J.
But one question is involved in this ease, and that is as to plaintiff’s right to maintain the action. The declaration alleges that on or about the 14th day of October, 1882, the defendants entered into a written contract with plaintiff as follows:
“We promise and agree to pay Thomas Wilkinson wages or salary at the rate of $3500 a year, for three years, from the second day of October, 1882, in consideration of his working for us for that length of time as cutter in our merchant tailoring department in the city of East Saginaw, Michigan. Payments to be made, as earned, in such sums and at such…
2Cases cited8 opinions
- Scott v. BushMichigan Supreme Court · 1873
- Dorsey v. PackwoodSupreme Court of the United States · 1852
- Utica & Schenectady Railroad v. BrinckerhoffNew York Supreme Court · 1839
- Krohn v. BantzIndiana Supreme Court · 1879
- Williams v. RobinsonSupreme Judicial Court of Maine · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- American Cotton Oil Co. v. KirkCourt of Appeals for the Seventh Circuit · 1895
- Buggs v. Ford Motor Co.Court of Appeals for the Seventh Circuit · 1940
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1899
- Houser v. HobartIdaho Supreme Court · 1912
- Mull v. SmithMichigan Supreme Court · 1903
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