Harrington v. Deloraine Refining Co‪.‬

Master and Servant ? Breach of Contract of Employment ? Construction of Contract ? Offer and Acceptance of Terms ? Evidence ? Admissibility ? Pleadings ? When Deemed Amended to Conform to Proof ? Appeal ? Payment ? Receipt not Conclusive ? Check "In Full Payment" ? Verdict on Conflicting Evidence Conclusive on Appeal. Master and Servant ? Breach of Contract of Employment ? Construction of Contract as to Definite Period of Employment ? Judicial Notice. 1. In an action for breach of a verbal contract of employment, defendants contention that, conceding that he agreed to employ - Page 79 plaintiff for the "winters work until spring," the words were insufficient for holding that a contract for a definite period of time was consummated, held not meritorious, the court taking judicial notice of the seasons, and the phrase meaning up to commencement of spring. Same ? Breach of Contract of Employment ? Sufficiency of Evidence to Show Offer and Acceptance of Terms. 2. Where plaintiff stated his terms under which, he would consent to work for defendant, and defendants manager thereafter accepted his proposition, there was a sufficient showing from which the jury, in an action for breach of contract of employment, could infer that the parties had a mutual understanding as to the terms, and that there was a definite offer and acceptance. Appeal ? When Pleading Deemed Amended to Conform to Proof. 3. Where evidence is admitted on a matter not pleaded without objection by the opposite party, the pleading of the one introducing it will on appeal be deemed to have been amended to conform to the proof. Master and Servant ? Breach of Contract of Employment. 4. In a workmans action for breach of contract of employment, an instruction that defendant employer was not justified in discharging plaintiff if the failure of plaintiff properly to perform his duties was due to defective machinery (a matter not put in issue by the pleadings but canvassed in the evidence without objection) was properly given, under rule 3 above. Appeal ? When Verdict Based on Conflicting Evidence not to be Disturbed. 5. The verdict of a jury rendered on conflicting evidence will not be disturbed on appeal unless the evidence clearly preponderates against it. Master and Servant ? Breach of Contract of Employment ? Admission by Defendant in Answer That Plaintiff was Discharged Conclusive ? Instructions. 6. Admission in the answer of defendant employer that plaintiff, suing for breach of contract of employment, was discharged was conclusive, and refusal of an instruction that if plaintiff quit the employment and did not thereafter offer to resume work was proper. Accounts ? Receipt in Full not Conclusive Evidence of Settlement of Account. 7. A receipt in full of a particular demand, or a check bearing on its face the legend "in full payment," is not conclusive evidence of a general settlement of an account between parties. Master and Servant ? Breach of Contract of Employment ? Payment by Check "In Full Payment" of Services Jury Question ? Instructions. 8. Where plaintiff workman in his action for breach of contract of employment testified that a check received by him from his employer marked "in full payment" was for wages due at the time of his discharge, but defendant asserted that it covered plaintiffs expense in moving back to his former home, the question whether it was in full settlement of all demands of plaintiff was properly submitted to the jury, and an instruction that if it was cashed by plaintiff and represented payment over and above wages, plaintiff could not recover, was as properly refused. - Page 80 Same ? Breach of Contract of Employment ? Evidence of Wages Received in Former Employment Admissible. 9. In an action for breach of contract of employment, evidence relating to the wages paid to plaintiff by his former employer in the same kind of work was admissible for the purpose of showing some of the surrounding facts and circumstances of the employment.