Currier v. W. M. Ritter Lumber Co

Decision Date21 May 1909
Citation64 S.E. 763,150 N. C. 694
PartiesCURRIER. v. W. M. RITTER LUMBER CO.
CourtNorth Carolina Supreme Court

1. Master and Servant (§ 42*)—Compensation—Wrongful Discharge.

Where an employe is engaged for one year, and is wrongfully discharged before the expiration of that time, he is entitled to damages for such wrongful discharge, less what he might have earned upon reasonable effort.

[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 54-56; Dec. Dig. § 42.*]

2. Master and Servant (§ 20*)—Term of Contract.

If no time is fixed in a contract of employment, and there is no stipulated period of payment, the contract may be terminated at the will of either party.

[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. § 19; Dec. Dig. § 20.*]

Appeal from Superior Court, Macon County; Peebles, Judge.

Action by C. C Currier against the W. M. Ritter Lumber Company. Judgment for defendant, and plaintiff appeals. Affirmed.

Robertson & Benbow and Busbee & Bus-bee, for appellant.

Shepherd & Shepherd, Fred S. Johnston, and L. C. Bell, for appellee.

BROWN, J. The material points in this appeal are embraced in the second and fourth issues; that is to say, whether there was a contract of employment for the entire year of 1907. The action is brought upon the assumption that there was such a contract of employment, and the plaintiff seeks to recover damages for the entire year, although he did no work after the first few days in July, 1907. If there were such a contract, and he was wrongfully discharged, he would be entitled to such damages, less what he might have earned upon reasonable effort. Smith v. Lumber Co., 142 N. C. 26, 54 S. E. 788, 5 L. R. A. (N. S.) 439. His honor instructed the jury that upon the letters and other undisputed testimony there was no such contract for the entire year of 1907. but that the employment was from month to month. It is admitted that the correctness of this ruling is the only question presented.

In contracts for personal service the English rule is that, when no time is fixed and no stipulation as to payment made, it is presumed to extend for a year. In this country, when no time is fixed, and no stipulated period of payment made, the contract is terminated at the will of either party. 20 A. & E. Cy. 14; Solomon v. Sewerage Co., 142 N. C. 445, 55 S. E. 300, 6 L. R. A. (N. S.) 391; Edwards v. Railroad, 121 N. C. 490, 28 S. E. 137. The evidence of the contract is wholly in writing, in the form of correspondence,...

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14 cases
  • Marshall v. Charleston & W.C. Ry. Co.
    • United States
    • South Carolina Supreme Court
    • January 20, 1931
    ... ... R. Co. v. Offutt, 99 Ky ... 427, 36 S.W. 181, 59 Am. St. Rep. 467; Yellow Poplar ... Lumber Co. v. Rule, 106 Ky. 455, 50 S.W. 685; Rape ... v. Mobile & O. R. Co., 136 Miss. 38, 100 So ... 368; Resener v ... Watts, 73 W.Va. 342, 80 S.E. 839, 51 L. R. A. (N. S.) ... 629; Currier v. Lumber Co., 150 N.C. 694, 64 S.E ... 763, 134 Am. St. Rep. 955; Vogel v. Pekoc, 157 Ill ... ...
  • Hogan v. Forsyth Country Club Co.
    • United States
    • North Carolina Court of Appeals
    • March 4, 1986
    ...Still v. Lance, 279 N.C. 254, 182 S.E.2d 403 (1971); May v. Tidewater Power Co., 216 N.C. 439, 5 S.E.2d 308 (1939); Currier v. Lumber Co., 150 N.C. 694, 64 S.E. 763 (1909). "Where a contract of employment does not fix a definite term, it is terminable at the will of either party, with or wi......
  • Still v. Lance
    • United States
    • North Carolina Supreme Court
    • July 30, 1971
    ...Co., 216 N.C. 439, 5 S.E.2d 308; Elmore v. Atlantic Coast Line R.R., 191 N.C. 182, 131 S.E. 633; 43 A.L.R. 1072; Currier v. M. Ritter Lumber Co., 150 N.C. 694, 64 S.E. 763. Where, however, there is a business usage, or other circumstance, appearing on the record, or of which the court may t......
  • Joseph Mullaney v. C. H. Goss Co.
    • United States
    • Vermont Supreme Court
    • October 3, 1923
    ... ... 696, 36 A. 714; ... Harrod v. Wineman, 146 Iowa 718, [97 Vt ... 88] 125 N.W. 812; Currier v. W. M. Ritter Lum ... Co., 150 N.C. 694, 64 S.E. 763, 134 A. S. R. 955; ... Resener v. Watts, ... ...
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