Lantry v. Parks
Court for the Trial of Impeachments and Correction of Errors
Assumpsit for work and labor; tried at the Oneida circuit, October 10th, 1826, before Williams, 0. Judge. It appeared at the trial, that the plaintiff agreed with the defendant to work for him one year, at 10 dollars per month. He worked 10 1-2 months, and then left the employment of the plaintiff) saying he would work no more for him.
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Assumpsit for work and labor; tried at the Oneida circuit, October 10th, 1826, before Williams, 0. Judge. It appeared at the trial, that the plaintiff agreed with the defendant to work for him one year, at 10 dollars per month. He worked 10 1-2 months, and then left the employment of the plaintiff) saying he would work no more for him. This was proved by two witnesses; though one swore the declaration was qualified, that he would work no more, &c., till he ascertained whether he could collect his wages. The declaration was made on Saturday, when the plaintiff went away. On Monday he returned…
1Opinion of the Court
Curia, per SAVAGE, Oh. J.
In Jennings v. Camp, (13 John. 94,) the court laid down this proposition: that a party who enters into a contract, and performs part of it; and then, without cause, and without the agreement or fault of the other party, of his own mere volition, abandons the performance, he cannot maintain an action, or an implied assumpsit, for the labor actually performed. Of course he cannot sue on the express contract. The case of M'Millan v. Vanderlip, (12 John. 165,) had been previously decided on the same principle. If, therefore, in this case, the plaintiff left the service of…
2Cases cited3 opinions
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Jennings v. CampNew York Supreme Court · 1816
3Cited by17 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Galvin v. . PrenticeNew York Court of Appeals · 1871
- Isaacs v. McAndrewMontana Supreme Court · 1872
- O'Byrne v. LawsonSupreme Court of Colorado · 1943
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