Carson v. Mccormick Harvesting Machine Co.
Court of Appeals of Kansas
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge.' Statement of the case. The plaintiff brought this suit in the circuit court of Buchanan county, on the fifteenth day of March, 1886, to recover of the defendant the sum of three hundred and seventy-five dollars. The defendant, at the time mentioned in the plaintiff’s petition, was engaged in the sale of farm implements and machinery in the city of St. Joseph, Missouri.
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge.' Statement of the case. The plaintiff brought this suit in the circuit court of Buchanan county, on the fifteenth day of March, 1886, to recover of the defendant the sum of three hundred and seventy-five dollars. The defendant, at the time mentioned in the plaintiff’s petition, was engaged in the sale of farm implements and machinery in the city of St. Joseph, Missouri. The plaintiff charges in his petition that on the fifth day of January, 1885, the defendant employed him to work for it as its city and traveling salesman…
1Opinion of the CourtGill, J.
— Assuming the fact -to be, as the jury found it, that the defendant employed the plaintiff as a salesman for the definite period beginning January 5, 1885, and ending January 1, 1886, then the defendant could not rightly discharge plaintiff from that employment, on August 1, 1885, unless plaintiff was unfaithful in the discharge of his duties or guilty of some misconduct.
Beyond these reasons for discharge which may involve moral turpitude, wilful disobedience or habitual neglect, it is rather difficult to lay down any rule, or rules, by which to determine the charge of misconduct, or such as…
2Cases cited2 opinions
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Gonsolis v. GearhartSupreme Court of Missouri · 1862
3Cited by2 opinions
- Craig v. ThompsonSupreme Court of Missouri · 1951
- Tinnon v. Missouri Pacific RailroadDistrict Court, W.D. Arkansas · 1958