Congregation v. Ettinger

Citations

• 26 Ohio C.C. Dec. 564
• 16 Ohio C.C. (n.s.) 305
• 1908 Ohio Misc. LEXIS 336

Syllabus

<p>CONTRACTS — DAMAGES.</p> <p>1. In Breach of Contract of Employment, Plaintiff's Neglect of Duty not Required to be Wilful.</p> <p>In an action of damages for breach of contract of employment ■where defendant pleads that plaintiff neglected his duty, it is error to charge the jury that plaintiff’s neglect of duty, to warrant a discharge, must be wilful. Any neglect of duty, wilful or otherwise, is sufficient, if it tends to prejudice the employer’s interests.</p> <p>2. Condonation of Breach of Employment Question for Jury,</p> <p>Whether failure to discharge plaintiff after he has been guilty of neglect of duty, amounts to a condonation of his failure, is for the jury to say, under all the circumstances of the case.</p> <p>3. Measure of Damage for Breach of Employment Contract.</p> <p>The measure of damages for wrongful discharge is the balance due under the contract less the amount the plaintiff earned, or might have earned, upon reasonable efforts to secure other employment, during the remainder of the term. The plaintiff can not remain idle without making any effort to reduce the damages. It is for the jury to say whether, in fact, the plaintiff did make reasonable efforts to obtain other employment.</p> <p>[Syllabus by the court.]</p>