McCurdy v. Alaska & Chicago Commercial Co.

Counsel for appellant say in their brief :

11 It is not questioned by either party that the discharge was, nominally, for refusal by the plaintiff to work on Sunday. If the contract required him to work Sunday, he ivas rightfully discharged and the judgment appealed from is right. If the contract did not require him to work Sunday, the judgment is wrong, and appellant is entitled to a reversal.”

Evidence of the alleged custom in Alaska to work Sundays as well as week days, was offered by appellee against the objection of appellant, under the general issue, without any plea setting up such…