Franklin Mining Co. v. Harris
Michigan Supreme Court
Error to Houghton Circuit. This was an action of assumpsit brought by Samuel B. Harris, in tile circuit court for the county of Houghton, against the Franklin Mining Company, to recover the balance unpaid of the contract- price for his services for the defendants for the period of one year, at the rate of one thousand eight hundred dollars per annum.
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Error to Houghton Circuit. This was an action of assumpsit brought by Samuel B. Harris, in tile circuit court for the county of Houghton, against the Franklin Mining Company, to recover the balance unpaid of the contract- price for his services for the defendants for the period of one year, at the rate of one thousand eight hundred dollars per annum. The plaintiff alleged that he had been hired for a year, and discharged at the end of eight months, without fault on his part, and had been paid only for the time of actual service rendered. The defendant, pleaded the general issue. The plaintiff…
1Opinion of the CourtCooley, J.
After some hesitation, we are inclined to agree with the circuit judge that there was some evidence from which the jury might infer that the employment of Harris as mining captain was for at least a year. .
Harris’ own evidence was that he objected to giving up an existing employment, which was apparently a permanent one, for an uncertainty; and he asked Wren, the agent who ,was negotiating with him, how he wanted to make the bargain — whether for a specific time or not,2 — and Wren replied that it was immaterial to him; just as Harris felt about' it. Harris then gave his reason for desiring…
2Cited by13 opinions
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