Brown v. Kimball
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered by the county court, an auditor was appointed, who afterwards reported that the plaintiff presented an account for two months and seventeen days work, at twelve dollars per month, amounting to {$31,50, in relation to which the auditor further reported, that on the 14th of April, 1838, the plaintiff contracted to work for the defendant for the term of six and one half months at twelve dollars a…
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This was an action of book account. Judgment to account having been rendered by the county court, an auditor was appointed, who afterwards reported that the plaintiff presented an account for two months and seventeen days work, at twelve dollars per month, amounting to {$31,50, in relation to which the auditor further reported, that on the 14th of April, 1838, the plaintiff contracted to work for the defendant for the term of six and one half months at twelve dollars a month, the parties agreeing, at the same time, that the defendant should pay for such labor, at the expiration of said term,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
— In this case, the auditor finds that the labor, for which the plaintiff seeks to recover, was done in part performance of an entire contract between the parties for six and a half months labor, and that the plaintiff voluntarily abandoned the contract at the end of two and a half months. Whether the contract was to become absolute for the full term, if neither party elected to determine it at the end of one month, and whether the plaintiff left the employment of defendant without cause, are questions of fact within the absolute province…
2Cases cited1 opinion
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
3Cited by5 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Chautauqua Institution v. ZimmermanCourt of Appeals for the Sixth Circuit · 1916
- Jordan v. FitzSupreme Court of New Hampshire · 1884
- Green v. HulettSupreme Court of Vermont · 1850
- Locke v. BennettMassachusetts Supreme Judicial Court · 1851