Sines v. Wayne County Superintendents of Poor

• Decision Date: 19 November 1885
• Citation: 25 N.W. 485,58 Mich. 503
• Court: Michigan Supreme Court
• Parties: SINES v. WAYNE COUNTY SUPERINTENDENTS OF THE POOR.

25 N.W. 485

58 Mich. 503

SINES v. WAYNE COUNTY SUPERINTENDENTS OF THE POOR.

Supreme Court of Michigan

November 19, 1885

Error to Wayne.

Ervin Palmer, for plaintiff.

John Atkinson, for defendants and appellants.

CHAMPLIN J.

This suit is brought by Mr. Sines against the superintendents of the poor of Wayne county, to recover damages for not having been retained in their employment for the remainder of the year commencing October 1, 1882, after February 1, 1883. His declaration contains two special counts. In the first he alleges that the defendants promised and agreed with him that if he would undertake to perform the duties of keeper of the Wayne county almshouse, and would cause his wife to perform the duties of matron of the same, from the first day of October, 1882, to the first day of October, 1883, they would pay him $800 when requested, and would furnish him during the year house-rent and board for himself and wife, and keep and board for his horse, in consideration of which he agreed to perform the duties of keeper, and to have his wife perform the duties of matron; and they entered upon and performed said duties up to February 1, 1883, and were willing to continue, but the defendants on that day, without just cause or provocation, refused further to allow them to perform such duties, or to pay him for their further services, or to furnish house-rent and board for himself and wife, or to keep and board his horse, whereby he has been deprived of profits etc., and was compelled to remain wholly out of business for eight months, although he diligently sought to again get into business and employment, and to procure employment for his wife, and was put to great trouble and expense in and about procuring a house suitable to live in, and in keeping and boarding his horse. The second count avers the promise to be to pay him what his services would be reasonably worth, and to furnish house and board for himself and wife, and keep and board for his horse. No question arises under the second special count, or under the common counts, which were also added to the declaration. The plea was the general issue. On the trial the plaintiff testified in his own behalf that he had been in the employ of the defendants commencing February 1, 1875, and was their clerk from that time until August 18, 1877, and understood their manner of doing business during that time; he entered into negotiations with and made a contract with the board; that he was employed in August, 1877, to take charge of the almshouse as keeper; that he was to have $800 per year, and the keeper's house was to be furnished to live in, and he was to have his living. The plaintiff then read in evidence, from the defendant's record, the following resolutions:

"WAYNE COUNTY, November 10, 1880.

"At a session of the superintendents of the poor,--present; Messrs. M. Dunn, J. Guthardt, and J.C. McDonald,--the undersigned, superintendents of the poor, have this day elected C.W. Sines as keeper of the Wayne county almshouse, for the year ending 1881, at a salary of eight hundred dollars per year."

"WAYNE COUNTY ALMSHOUSE, January 4, 1882.

"Resolved, by the board of superintendents of the poor in and for Wayne county, at one of their regular sessions, held at their office at the almshouse in said county on the fourth day of January, 1882, that C.W. Sines and wife, the present keeper and matron, be, and they are hereby, reappointed keeper and matron of said almshouse for and until the first day of October, 1882, at the rate of eight hundred dollars per annum."

[Signed by the three superintendents.]

The plaintiff further testified that during the year preceding the resolution of January 4, 1882, he did the duties of keeper, and his wife the duties of matron, and received $800 a year,...