Fuchs v. Koerner
| Decision Date | 13 December 1887 |
| Parties | FUCHS v. KOERNER. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from general term, superior court, city of New York.
On the ninth of February, 1884, the defendant, T. E. Koerner, engaged the plaintiff, Herman Fuchs, ‘for his business in essential oils and essences for one year,’ from the sixth of February, 1884, for the yearly wages of $1,800, in weekly payments of $37.50. The plaintiff served under that agreement until July 6, 1884, when the defendant closed up his business, and for that reason discharged the plaintiff. He nevertheless reported daily to the defendant, and also sought employment elsewhere. The defendant offered to employ him in making and selling fancy boxes. This he declined, but in fact earned $15 in other ways. He sued to recover damages for the breach of the agreement, and the jury awarded him $712. The defendant moved for a new trial, which was denied. The general term affirmed the order then entered, and the judgment rendered on the verdict. The defendant appeals from the decision of that court.
John D. Ahrens, for appellant.
George L. Simonson, for respondent.
DANFORTH, J., ( after stating the facts as above.)
The learned trial judge charged the jury that it was the plaintiff's duty to use reasonable diligence in procuring another place of the same kind in order to relieve the defendant, as much as possible, from the loss consequent upon his breach of contract, but that he was not bound to accept occupation of another kind. An exception to this qualification presents the only question raised upon this appeal, and it must be answered in favor of the plaintiff. He was ready during the entire year to perform his agreement, and could not be required to enter upon a new business, or one different from that which he had undertaken. Costigan v. Railroad Co., 2 Denio, 609. It follows that the judgment is right, and should be affirmed.
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