Savannah, F. & W. Ry. Co. v. Willett

• Decision Date: 15 October 1901
• Citation: 43 Fla. 311,31 So. 246
• Court: Florida Supreme Court
• Parties: SAVANNAH, F. & W. RY. CO. v. WILLETT.

31 So. 246

43 Fla. 311

SAVANNAH, F. & W. RY. CO. v. WILLETT.

Florida Supreme Court

October 15, 1901

Error to circuit court, Orange county; John D. Broome, Judge.

Action by William E. Willett against the Savannah, Florida & Western Railway Company. Judgment for plaintiff, and defendant brings error. Reversed.

Syllabus by the Court

SYLLABUS

A declaration upon which a plaintiff founds his right of recovery must allege every fact that is essential to his right of action; and when, in an action for breach of contract to employ, the declaration does not state the duration of plaintiff's employment, nor facts from which it may be inferred, or show it to be indefinite, or to be discretionary with either party, it must be taken as an employment at will, terminable by either party; and if either party terminates it no action can be maintained by the other party for a breach of such contract because of such termination.

COUNSEL

Sparkman & Sparkman and E. K. Foster, for plaintiff in error.

Alex St. Clair-Abrams, for defendant in error. William E. Willett, as plaintiff, brought suit in the circuit court of Orange county, Fla., against the Savannah Florida & Western Railway Company. On the 6th day of February, 1896, the plaintiff filed his declaration stating that, being in the employment of the Jacksonville, St Augustine & Indian River Railroad Company as a conductor, he was desirous of bettering his condition in life and of getting larger pay; that he had previously applied to the South Florida Division of the Savannah, Florida & Western Railway Company for employment as conductor; that the defendant company asked him to make formal application, and that he did so, telling them in that application that he was employed by the Jacksonville, St. Augustine & Indian River Railroad Company, and that his sole object in leaving said company and seeking employment from defendant was to better his condition in life; that defendant informed the plaintiff it would give him employment as conductor if he would report at once for duty; that thereupon the plaintiff in compliance with the notice from the defendant, tendered his resignation as conductor of the Jacksonville, St Augustine & Indian River Railroad Company, and, being relieved from duty, proceeded to Sanford, and reported to the defendant corporation, and was agreed to be employed by the proper officer of the defendant corporation, and instructed to proceed on the line of the defendant's road, and to study the same, and to be examined, and was then and there assigned to a route on the Silver Springs, Ocala & Gulf Railway branch of the defendant corporation in the state of Florida; that in pursuance of said instructions and agreement for employment he left Sanford on defendant's train for the purpose of entering on said duties, and on arriving at Kissimmee received a telegram from defendant corporation instructing him to return to Sanford, and on returning he was informed by the proper officer of said corporation that it would not employ him, as it had agreed to, unless the plaintiff could procure a release or recommendation from the Jacksonville, St. Augustine & Indian River Railroad Company, which release or recommendation the defendant corporation had not demanded or required from the plaintiff at the time the defendant agreed to employ him; that at the time the defendant agreed to employ him the defendant well knew he was employed by the Jacksonville, St. Augustine & Indian River Railroad Company, and had sought employment from the defendant for the purpose of bettering his condition in life, and receiving increased remuneration for his services; that the defendant utterly failed and refused to carry out its agreement of employment, although he was ready, and had always been ready, to proceed to work, and although the plaintiff was and is an experienced railroad man, having had 19 years' experience, and having well and faithfully performed his duties as such on every railroad on which he was employed, and the plaintiff...