Fenton v. Clark
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered in the county court, an auditor was appointed, who afterwards reported, that the plaintiff’s account was for one month and twenty one days’ work, at ten dollars per month, in relation to which the auditor found the following tacts : The plaintiff commenced working for the defendant on the\ 19th of September, 1837, under a contract to work four months, at $10 per month, and to receive no pay until he…
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This was an action of book account. Judgment to account having been rendered in the county court, an auditor was appointed, who afterwards reported, that the plaintiff’s account was for one month and twenty one days’ work, at ten dollars per month, in relation to which the auditor found the following tacts : The plaintiff commenced working for the defendant on the\ 19th of September, 1837, under a contract to work four months, at $10 per month, and to receive no pay until he had worked the four- months. The plaintiff worked well and steadily, with the exception of three or four days, when he…
1Opinion of the Court
*560The opinion of the court was delivered by
Bennett, J.
The plaintiff, in this case, having been prevented from fulfilling his contract with the defendant, by reason of sickness, the important question presented for our decision is, can he recover for the labor performed, as upon a quantum meruit, so much as it was reasonably worth to the defendant ?
The position, that if A. contracts with B. to labor for him for a given time, and for a stated consideration, and A. voluntarily leaves the service of B., before the expiration of the time, there can be no recovery, is sustained by numerous adjudged…
2Cited by25 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Coe v. SmithIndiana Supreme Court · 1853
- City of Detroit v. Michigan Paving Co.Michigan Supreme Court · 1877
- Leopold v. SalkeyIllinois Supreme Court · 1878
- Ryan v. DaytonSupreme Court of Connecticut · 1856
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