Crane Bros. Manufacturing Co. v. Adams

Citations

• 142 Ill. 125
• 30 N.E. 1030
• 1892 Ill. LEXIS 1029

Syllabus

<p>1. ■ Evidence — res gestee — evidence disproving acquiescence of employe in a proposed reduction of wages. Where a secretary oí a corporation was to receive a fixed salary of $5000, and the dividend, less eight per cent, on $50,000 of allotted stock in the company, which he had received, for five years, on receiving notice that he would not longer be allowed such dividend, took immediate steps to find employment elsewhere, and in a suit by him to recover such dividend, testified that he did not assent to the proposed change in Ms compensation. It was held, that the admission in evidence of his making arrangements to quit the service was not error, as its only effect was to emphasize his denial of any acquiescence in the contention of the corporation that the allotment of stock had been withdrawn, and might be regarded as part of the res gestee.</p> <p>2. Notice — employer and employe — right to notice of change in wages. A party who has been for several years in the employ of a corporation at a fixed salary, and has been drawing dividends on stock allotted to him as additional compensation by the understanding and agreement of the parties, will be entitled to notice of any change in the amount of his compensation, so that he may leave the service if not satisfied with the change.</p> <p>3. Same — employe continuing service after notice of change in wages— presumption of acceptance. If the employer gives notice to the employe of the reduction of the wages thereafter to be paid, and the latter continues in the service without objection, the presumption will be that he assented to the new terms, and performed services thereunder,</p> <p>4. Contract fob services — continuing employment after expiration of term — presumption as to compensation. A corporation had elected a person as its secretary, at its annual meeting of directors, for several years, and had fixed the yearly compensation to be paid him, and elected him again in 1883, thus continuing him without any no