Rappaport v. City Lawrence

DOLAN, Justice. This is an action of contract to recover wages, alleged to be due the plaintiff for services rendered by him to the defendant. The Judge found for the plaintiff, and the case comes before us on the defendant's exceptions to the denial of its requests for rulings. The evidence tended to show the following facts: The plaintiff is a civil service employee of the defendant with a rating as 'Supervisor Instructor -- Caretaker' of swimming pools. Prior to September 5, 1935, he had been a 'permanent recurrent' employee of the defendant under the designation of 'Instructor -- Caretaker.' On the date just mentioned he was promoted to be 'Supervisor Instructor -- Caretaker' of swimming pools by the alderman-director of 'Public Property and Parks' at $38.50 a week less ten per cent for 1935, 'To be employed year round.' He was promoted to take the place of one Allicon who died on June 18, 1934. His promotion was authorized by the civil service commission. No written acceptance of the position was ever made by the plaintiff. His appointment was made after the 'acceptance' of the budget for 1935, and no supplementary budget was passed.