Hughes v. Gross
Massachusetts Supreme Judicial Court
Contract against Isaac Gross and Bernhard Sommer, copartners under the name of Gross and Strauss, for failure to employ the plaintiff for an additional year, according to the terms of a written agreement signed by the plaintiff and Gross and Strauss. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Contract against Isaac Gross and Bernhard Sommer, copartners under the name of Gross and Strauss, for failure to employ the plaintiff for an additional year, according to the terms of a written agreement signed by the plaintiff and Gross and Strauss. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The written agreement which was executed by Gross and Strauss of the first party, and the plaintiff as the second .party, on April 21,1892, recited that the first party agreed to employ the second party for one year from April 25, 1892, as…
1Opinion of the CourtHolmes, J.
This is an action of contract, for refusing to employ the plaintiff a second year. The plaintiff had a verdict, and the case is here on exceptions. The original contract was *65in writing, and was made with two partners, Gross and Strauss, for one year from April 25,1892, with a conditional right of renewal on the side of the plaintiff for one year more. On November 1, 1892, during the first year of the plaintiff’s employment, Strauss died, and the business was carried on by Gross. The first question raised by the exceptions is whether Strauss’s death ended the contract. At the end of December…
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