Tunison v. Detroit & L.S. Copper Co.

• Decision Date: 25 January 1889
• Citation: 41 N.W. 502,73 Mich. 452
• Parties: TUNISON v. DETROIT & L. S. COPPER CO.
• Court: Michigan Supreme Court

41 N.W. 502

73 Mich. 452

TUNISON v. DETROIT & L. S. COPPER CO.

Supreme Court of Michigan

January 25, 1889

Error to circuit court, Wayne county.

Assumpsit on special contract of hiring by John J Tunison against the Detroit & Lake Superior Copper Company. Verdict and judgment for plaintiff. Defendant brings error.

MORSE, J.

The plaintiff declared orally in assumpsit on a special contract claimed to have been made June 17, 1887, with defendant, by which defendant agreed to employ him for the remainder of the season of 1887 at dipping copper in defendant's works at Detroit at $2.50 per day; said season lasting until December 21, 1887. It is alleged that defendant violated the contract by discharging the plaintiff without cause, June 18, 1887, and refused to pay him his wages. The only controversy upon the trial was as to the hiring. The action was brought in a justice's court where plaintiff recovered judgment. Defendant appealed to the Wayne circuit, where plaintiff again recovered the sum of $243.80. The case is brought into this court on writ of error, and it is claimed the error consisted in the failure of the circuit judge to direct a verdict for the defendant.

The plaintiff was hired by one Cocher, whom, it is argued, had no authority to hire any workmen for the defendant other than by the day, and that no express authority was shown in him to hire plaintiff at all, and that his apparent authority, on which plaintiff relies, did not extend, under the proofs beyond hiring by the day.

The facts shown in the record are briefly these: The works of the company have been carried on at Detroit for a great many years. The business was smelting copper The defendant is a foreign corporation, doing business in this state. Its general agent was James R. Cooper, who did not reside in Detroit, and who visited the works only occasionally. Andrew Cocher was the principal foreman of the works, and hired and discharged all the men employed in the business, and had done so for at least nine years. Tunison previous to the hiring for which he claims damages in this suit, had worked for the defendant in the years 1882, 1883 1884, and 1885 by the day, being hired in all these years by Cocher. On or about the 17th of June, 1887, plaintiff was working in a rolling mill. Cocher came to see him, and wanted him to go to work for the defendant, as he was short of men. Plaintiff told him that he had a good job; was getting $1.75 per day, and he could not go back to the smelting works unless he was employed for the season. Thereupon Cocher agreed to hire him for the season of $2.50 per day. He went to work on the 18th of June; worked one day, when Cocher discharged him. Cocher said to him: "John, I am sorry, but Mr. Reeder don't want you any more." Cocher told Tunison he did not know what the reason was, but Reeder told him to tell plaintiff not to come to work any more. Tunison reported afterwards to Cocher for work, but was not given any. He got some work elsewhere, and earned $166.65 between the 17th of June and the 21st of December, 1887, which last date, he claimed, was the closing of the season at defendant's works. The works at Detroit received ore from the Lake Superior county, and when the ore that could be brought down during the season of navigation was smelted they were closed, and the season was ended until the next...