Koenigkraemer v. Missouri Glass Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. In suing for a breach of a contract of employment the servant must show due diligence iu seeking other employment. Stone v. Yimont, 7 Mo. App. 282 ; Ream v. Watkins, 27 Mo. 518; Saxonia Oo. v. Cook, 7 Colorado, 569. The master may discharge his servant for cause. Sugg v. Blow, 17 Mo. 359. The servant is hound only to seek other similar employment. Ream s.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. In suing for a breach of a contract of employment the servant must show due diligence iu seeking other employment. Stone v. Yimont, 7 Mo. App. 282 ; Ream v. Watkins, 27 Mo. 518; Saxonia Oo. v. Cook, 7 Colorado, 569. The master may discharge his servant for cause. Sugg v. Blow, 17 Mo. 359. The servant is hound only to seek other similar employment. Ream s. Watkins, 27 Mo. 518. Instructions which leave the' fury to conjecture what is “due diligence” are properly refused. Buel v. Transfer Co., 45 Mo. 562; Anderson v. McPilce, 86 Mo.…
1Opinion of the CourtRombauer, J.
On the tenth of April, 1884, the plaintiff entered into a written c’ontract with the defendant to act as its traveling salesman at an agreed compensation of seventy-five dollars a month, and traveling expenses. The contract was originally terminable at the defendant’s option, on the first of July, or thirty-first of December, 1884,, but was, at the close of the year 1884, renewed and continued in force until December 31, 1885.
The parts of said contract which are material to the present inquiry are as follows:
“I agree and promise to serve the Missouri Glass Company, of St. Louis, Missouri, in…
2Cited by12 opinions
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- Peggy J. Deal, Appellee/cross-Appellant v. Consumer Programs, Incorporated, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2006
- Boland v. Glendale Quarry Co.Supreme Court of Missouri · 1895
- Miller v. Woolman-Todd Boot & Shoe Co.Missouri Court of Appeals · 1887
- William E. Peck & Co. v. Kansas City Metal Roofing & Corrugating Co.Missouri Court of Appeals · 1902
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