Roberts v. Brownrigg
Supreme Court of Alabama
Error to Sumter County Court. Assumpsit by plaintiff, against defendant in error, to recover a year’s wages as overseer. Prom a bill of exceptions, it appears that the plaintiff agreed, to serve the defendant as an overseer, at the price of three hundred dollars a year — that he commenced in January, and remained until the 1st June after, when he was dismissed hy the plaintiff.
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Error to Sumter County Court. Assumpsit by plaintiff, against defendant in error, to recover a year’s wages as overseer. Prom a bill of exceptions, it appears that the plaintiff agreed, to serve the defendant as an overseer, at the price of three hundred dollars a year — that he commenced in January, and remained until the 1st June after, when he was dismissed hy the plaintiff. A witness proved, that he was an attentive overseer — had seen him drunk once, on a Sunday, and had been requested by defendant to expostulate with him upon his conduct. Defendant told a witness that he had turned…
1Opinion of the CourtOrmond, J.
The contract of the overseer was, to serve his employer for a year, for which he was to receive $300. The contract is entire, and to entitle him to recover, he must show either a performance, or that performance was prevented by the act of the defendant.
In our opinion, the overseer made out a prima facie case, when he proved that he served the defendant as overseer until the first of June, and was then dismissed by the defendant. It then devolved on the defendant to prove, that he was justified in so doing. This justification would bo made out by proof, that the overseer had neglected to…
2Cases cited1 opinion
- Hunter v. WaldronSupreme Court of Alabama · 1845
3Cited by5 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Boynton Cab Co. v. GieseWisconsin Supreme Court · 1941
- Hansen v. Columbia Breweries, Inc.Washington Supreme Court · 1942
- Martin v. EverettSupreme Court of Alabama · 1847
- Bush v. ChapmanSupreme Court of Iowa · 1850