Thomas v. Beaver Dam Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outagamie county: John Goodland, Circuit Judge. Action to recover on a contract of employment. Plaintiff claimed he was employed by defendant for one year at a salary of $1,200, payable in monthly instalments of $100, and that before expiration of such period he was discharged without cause and damages to the extent of the wages he might otherwise have earned.
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Appeal from a judgment of the circuit court for Outagamie county: John Goodland, Circuit Judge. Action to recover on a contract of employment. Plaintiff claimed he was employed by defendant for one year at a salary of $1,200, payable in monthly instalments of $100, and that before expiration of such period he was discharged without cause and damages to the extent of the wages he might otherwise have earned. Refendant claimed plaintiff was discharged for good cause, and that the balance due up to the time of such discharge was duly tendered. The contract of employment was in writing. It…
1Opinion of the CourtMaeshall, J.
If when respondent was discharged there existed an uncondoned justification therefor, regardless of whether it was then known to appellant, or whether the reason assigned for such discharge was sufficient, the trial court erred in holding that appellant was precluded by the first or any notice of discharge from proving an existing ground not therein referred to. Loos v. Geo. Walter B. Co. 145 Wis. 1, 6, 129 N. W. 645; Von Heyne v. Tompkins, 89 Minn. 77, 93 N. W. 901; Crescent H. S. & I. Co. v. Eynon, 95 Va. 151, 27 S. E. 935.
Under the terms of the contract appellant, acting in good faith and…
2Cases cited3 opinions
- Von Heyne v. TompkinsSupreme Court of Minnesota · 1903
- Crescent Horse-Shoe & Iron Co. v. EynonSupreme Court of Virginia · 1897
- Loos v. Geo. Walter Brewing Co.Wisconsin Supreme Court · 1911
3Cited by10 opinions
- Hartpence v. Youth Forestry CampSouth Dakota Supreme Court · 1982
- Nagel v. KrausCourt of Appeals for the Second Circuit · 1921
- Markus v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
- McIntyre v. Fort Vancouver Plywood Co.Court of Appeals of Washington · 1979
- Farmer v. First Trust Co.Court of Appeals for the Seventh Circuit · 1917
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