Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Britton v. Turner
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 1: | Line 1: | ||
{{Infobox Case Brief | {{Infobox Case Brief}} | ||
''Britton v. Turner'', 6 N.H. 481 (1834). | |||
After about 9 1/2 months, | '''Facts''': Plaintiff was hired to work for the defendant for one year, and at the end of that year, he would receive his yearly wages of $120. After about 9 1/2 months, Plaintiff left the employment. Defendant refused to pay Plaintiff for the work that Plaintiff completed in the 9 1/2 months. | ||
Jury returned verdict of $95. Defendant appealed, excepting to the jury instructions | '''Proc. Hist''': Jury was instructed that Plaintiff should receive the value of the labor that he performed. Jury returned verdict of $95. Defendant appealed, excepting to the jury instructions. | ||
Also, employees would have incentive to quit without starting because they would know that any work completed, short of fully performing the contract, would go uncompensated. | '''Issue''': Should Defendant owe any money to Plaintiff when Plaintiff voluntarily left the contractual employment? | ||
'''Holding''': Plaintiff should receive the amount commensurate to the work performed. | |||
'''Reasons''': If Defendant did not have to pay anything to Plaintiff, then other employers would have motivation to try to drive their employees away after substantial work is finished but before it is completed. Also, employees would have incentive to quit without starting because they would know that any work completed, short of fully performing the contract, would go uncompensated. | |||
'''Judgment''': Affirmed. | |||
'''Rule''': The implied promise is to pay suchamount of the stipulated price for the whole labor, as remains after deductingwhat it would cost to procure a completion of the residue of the service, andalso any damage which has been sustained by reason of the <span class="SpellE">nonfulfillment</span>of the contract. | |||
[[Category:Cases:Contracts]] | |||