Van Winkle v. Satterfield
Supreme Court of Arkansas
Appeal from Washington Circuit Court. Edward S. McDaniel, Judge. 1. If Satterfield was wrongfully discharged he had two remedies. , (1.) He had a right to hold himself in readiness to perform his contract, wait to the end of his term, and sue for the amount due. (2.) He could treat the contract as rescinded, and sue on a quantum meruit for the time he had served. 9 Ark. 394; 39 id. 288 ; 14 Abb. Pr. (N. S.) 156 ; Wood, Master and Servant, pp. 239-40, and notes.
Read the full summary
Appeal from Washington Circuit Court. Edward S. McDaniel, Judge. 1. If Satterfield was wrongfully discharged he had two remedies. , (1.) He had a right to hold himself in readiness to perform his contract, wait to the end of his term, and sue for the amount due. (2.) He could treat the contract as rescinded, and sue on a quantum meruit for the time he had served. 9 Ark. 394; 39 id. 288 ; 14 Abb. Pr. (N. S.) 156 ; Wood, Master and Servant, pp. 239-40, and notes. If he treated the contract as subsisting, his time was his employer’s, and it was his duty to reduce the amount of his damages as…
1Opinion of the Court
BATTLE, j.
This action is based upon a written contract, in the following words and figures: “This contract, made and entered into this first day of January, 1890, by and between J. D. Van Winkle, party of the first part, and W. T. Satterfield, party of the second part, witnesseth: That whereas, the said J. D. Van Winkle has this day employed the said W. T. Satterfield to work as salesman, and do all other duties connected with the said J. D. Van Winkle’s book and stationery store, now situated in the postoffice building on the south side of the public square in the city of Fayetteville, Ark.,…
2Cases cited13 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Everson v. . PowersNew York Court of Appeals · 1882
- Fowler v. ArmourSupreme Court of Alabama · 1854
- Gordon v. BrewsterWisconsin Supreme Court · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Griffin v. EricksonSupreme Court of Arkansas · 1982
- Bockman v. RorexSupreme Court of Arkansas · 1948
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- National Life & Accident Insurance v. WhitfieldSupreme Court of Arkansas · 1932
24 more not listed; retrieve them via the Exa API.