Carroll v. Cohen

Citations

• 28 Del. 233
• 5 Boyce 233
• 91 A. 1001
• 1914 Del. LEXIS 33

Syllabus

<p>1. Covenant, Action of—Scope of Remedy—Actions on Sealed Contracts.</p> <p>The action of covenant is a proper form of action for the recovery of damages for the breach of a contract under seal.</p> <p>2. Contracts—Construction—Questions of Law.</p> <p>The meaning of a contract is a question of law.</p> <p>3. Master and Servant—Actions for Breach of Contract—Questions for Jury.</p> <p>In an action for breach of a contract of employment, whether plaintiff had been guilty of conduct amounting to a breach of the stipulations of the contract, implied or expressed, justifying dismissal, was a question of fact for the jury.</p> <p>4. Master and Servant—Contracts of Employment—Construction— Term of ' Employment.</p> <p>Where, under a contract of employment for one year from April 14, 1913, at thirty dollars a week for the first six months, and thirty-five dollars a week for the second six months, ‘the first week of services was waived by agreement of both parties, the waiver did not prevent the contract from going into effect on April 14, 1913, and the first six months of employment ended on October 13, 1913, and the second six months on April 13, 1914.</p> <p>5. Master and Servant—Dismissal—Justification.</p> <p>Whether the dismissal of a person, employed as manager of a department store, was justified by anything done or omitted by_ him as manager, may be determined with respect to conditions shown to exist in the store for which he was not responsible.</p> <p>6. Master and Servant—Performance of Services—Degree of Skill Required.</p> <p>In a contract of employment, and especially in a contract by which the employee stipulated to do all things for the best interests of the employer usually done by persons occupying the position of manager of a department store, a stipulation is implied that the employee is reasonably competent to perform the work undertaken; and it was not sufficient for the employee to do the best he could in the service he performed, if he did not do