Fuchs v. . Koerner
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 15, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 20 J. & S. 77.) This action was brought to recover damages for a breach of a contract of employment.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 15, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 20 J. & S. 77.) This action was brought to recover damages for a breach of a contract of employment. On the 9th of February, 1884, the defendant engaged the plaintifE “ for his business in essential oils and essences for one year,” from the 6th of February, 1884, for the yearly wages of $1,800, in weekly payments of $37.50. The plaintifE served under that agreement until July…
1Opinion of the CourtDanforth, J.
The' learned trial judge charged the jury that it was the plaintiff’s duty to Use reasonable diligence in procuring another place of the same kind in order to relieve the defendant as much as possible from the loss consequent upon his breach of contract, but’ that he was not bound to accept occupation of another kind. An exception to this qualification presents the only question raised upon this appeal, and it must be answered in favor of the plaintiff. He was ready during the entire year to perform his agreement, and could noft be required to enter upon a new business or one different from…
2Cases cited1 opinion
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
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- Ingrassia v. Shell Oil CompanyDistrict Court, S.D. New York · 1975
- Loos v. Geo. Walter Brewing Co.Wisconsin Supreme Court · 1911
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