Walton v. Atchison, T. & S. F. R. Co.

• Decision Date: 23 November 1904
• Citation: 131 Iowa 423,101 N.W. 506
• Court: Iowa Supreme Court
• Parties: WALTON v. ATCHISON, T. & S. F. R. CO.

131 Iowa 423

101 N.W. 506

WALTON

v.ATCHISON, T. & S. F. R. CO.

Supreme Court of Iowa.

Nov. 23, 1904.

Appeal from District Court, Lee County; Henry Bank, Jr., Judge.

Action to recover damages for breach of the terms of an indenture of apprenticeship. The written indenture bears date September 1, 1899, and is signed by plaintiff, his parents, and on behalf of the defendant corporation. At the time thereof plaintiff was a minor; his nineteenth birthday having occurred in the month of March previous. As far as material to be considered, the provisions of the writing are as follows: The corporation, defendant here, is designated as the first party; Walton, plaintiff, as the second party; and the parents of the plaintiff as the third party. It is recited that the first party agrees to furnish employment to the second party, giving him every opportunity, consistent with the management of its works, to educate himself in the art of machinery; the first party to teach and instruct him in such art as performed in its shops. The second party agrees to work four years, during which he will faithfully serve and readily obey all commands of the first party, and will not absent himself without leave. Said second party to be paid for the first year, 90 cents per day; for the second year, $1.15 per day; for the third year, $1.40 per day; and for the fourth year, $1.65 per day. “Payable each pay day, less the amount hereinafter specified, * * * and the first party agrees to hold out from the wages of the second party as follows: For the first year, five cents per day; for the second year, ten cents per day; for the third and fourth years, fifteen cents per day. The total amount held back to be paid in full to the said party at the expiration of his four years' apprenticeship, and said sum shall be forfeited to and retained forever by said first party if at any time during the aforesaid apprenticeship the said second party should leave the service of the Company or should be discharged for any violation of the terms of this instrument, and the said party of the first part further agrees, at the time of the expiration of said term of apprenticeship, if said party of the second part fully complies with the terms of this instrument, to execute and deliver to said second party, a certificate stating in full the length of time said minor has worked or served said Company in said art or trade. It is further agreed and understood that the said party of the first part shall have the right to suspend or dismiss said minor from the service at any time during the apprenticeship term of his employment should he fail to perform the duties required of him in a satisfactory manner, and in such case the extra pay retained as hereinbefore provided, shall be forfeited.” Plaintiff entered upon the contemplated employment, and continued therein until on or about August 31, 1901, when he was dismissed by the defendant. At the time of his dismissal, plaintiff had been paid in full the wages earned by him to date, but there was not paid to him the amounts held out under the contract, aggregating the sum of about $45. It is the allegation of the petition that plaintiff was dismissed from service without any sufficient cause; that he has been greatly damaged thereby; and damages in a sum stated are claimed. The defendant admits the dismissal of plaintiff from its service, and pleads in justification thereof...