Forms of Pleading Under the Codes of Civil Procedure Volume 1

Forms of Pleading Under the Codes of Civil Procedure Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...above-mentioned dates for the defendant at his request. '_ That the defendant has not paid the said sum of 'dollars, and the same remains due and payable to the plaintifl. Wherefore, etc. ' i In an action for services not the services were rendered to the upon an express contract, the peti-ddfindfl-Ht.at_his_r:: _, uest, _Carey vi. tion must contain an averment that Post, 2 C. S. C. R. 62. T itle. Plaintiff says that the defendant is a corporation organized and doing business in the city of, State of. That on or about the day of, 19--, the defendant entered into an agreement with the plaintifi whereby it hired the plaintifi to work for it as superintendent of its factory for the term of years, beginning on the day of, 19--, and agreed to pay him therefor the sum of dollars per year in equal weekly payments; and the plaintifi agreed with the defendant so to work and serve for the said time and for the said compensation. That the plaintifi entered upon said service and continued therein until.on or about the day of, 19--, when defendant broke the said contract and without right or cause discharged the plaintiff from its employment, by reason of which plaintiff has been deprived of the benefit of said contract and the means of earning his living, to his damage in From Linton vs. The L' 1c.'ceIled Fire Works Co., 124 N. Y. 533. Plaintiff entered into a contract with defendant to enter defendant's service at a future day Upon the arrival of the day named plaintif f tendered performance, but defendant absolutely repudiated the contract Held, 1) a breach of contract for which plaintiff had an immediate right of action; 2) that the action was one for damages for such breach and not for wages; 3) that it was not necessary more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236947495
  • 9781236947499