Mullen v. Gilkinson
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and1 an auditor was appointed, who reported the facts substantially as' fob lows. The plaintiff’s account was for about three months’ labor, which was performed for the defendant under a contract that he would labor for him seven months, at eleven dollars a month.
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Book Account. Judgment to account was rendered, and1 an auditor was appointed, who reported the facts substantially as' fob lows. The plaintiff’s account was for about three months’ labor, which was performed for the defendant under a contract that he would labor for him seven months, at eleven dollars a month. It appeared that the defendant, not having sufficient work upon his farm to keep the plaintiff busy, employed him, with his consent, in ditching for other people and received the pay therefor himself. It also appeared, that the plaintiff had some difficulty with another person, also in…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was a suit to recover for the personal services of the plaintiff. Upon the facts detailed in the auditor’s report, the county court rendered judgment for the defendant; and the question here raised for consideration is, whether that judgment was erroneous. As the services of the plaintiff were rendered under a contract for a fixed period of labor, anotas the plaintiff left the service of the defendant without his consen^and before the fulfilment 'of the contract, his right to recover for lie services actually rendered must depend upon…
2Cases cited1 opinion
- Hair v. BellSupreme Court of Vermont · 1834
3Cited by2 opinions
- Rogers v. SteeleSupreme Court of Vermont · 1852
- Jordan v. FitzSupreme Court of New Hampshire · 1884