Norfolk Hosiery & Underwear Mills Co. v. Westheimer
Court of Appeals of Virginia
Error to a judgment of the Court of Law and Chancery of the city of Norfolk, in an action of assumpsit. Judgment for plaintiff. Defendant assigns error. Statement of Facts by Sims, J. The defendant in error, plaintiff in the court below, who will be hereinafter referred to as “plaintiff", was for ten or eleven years in the employment of the plaintiff in error, defendant in the court below, who will be hereinafter referred to as “defendant", as a travelling salesman.
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Error to a judgment of the Court of Law and Chancery of the city of Norfolk, in an action of assumpsit. Judgment for plaintiff. Defendant assigns error. Statement of Facts by Sims, J. The defendant in error, plaintiff in the court below, who will be hereinafter referred to as “plaintiff", was for ten or eleven years in the employment of the plaintiff in error, defendant in the court below, who will be hereinafter referred to as “defendant", as a travelling salesman. The employment during all this time was by the year, from January 1st to December 31st inclusive. For the year next preceding…
1Opinion of the CourtSims, J.
1. This is a case of a contract of employment by the year, to be performed within the year. It being a holding over and a continuance of a preceding employment by the year, without any notice either from employer to employee, or from the latter to the former, before the beginning of the new employment, of any proposed change in the terms of the preceding employment, the contract of such new employment is implied in law to have been of the same terms as those of the preceding employment — that is to say, the amount of the guaranteed salary of plaintiff for the year 1915 was $2,400.00 (Conrad…
2Cases cited4 opinions
- Conrad v. Ellison-Harvey Co.Supreme Court of Virginia · 1917
- Railroad Co. v. United StatesSupreme Court of the United States · 1881
- Moller v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903
- Taylor v. Butters & Peters Salt & Lumber Co.Michigan Supreme Court · 1894
3Cited by6 opinions
- Kasco Mills, Inc. v. FerebeeSupreme Court of Virginia · 1956
- Hopwood Plays, Inc. v. KemperNew York Court of Appeals · 1934
- Mercury Insurance v. GriffithSupreme Court of Virginia · 1941
- McGuire v. MartinSupreme Court of Virginia · 1929
- Rhodes v. National Homes Corp.West Virginia Supreme Court · 1979
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