Foringer v. New Kensington Stone Co.

Citations

• 223 Pa. 425
• 72 A. 797
• 1909 Pa. LEXIS 552

Syllabus

<p>Master and servant — Contract of employment — Wrongful discharge— Corporation — Earnings after discharge.</p> <p>1. In an action against a corporation to recover for a breach of a contract of employment, the plaintiff testified that his contract was for three years, and that he had made it with the secretary and the president of the company, and that all of the directors had knowledge of it; that he had entered upon his duties without anyone making objection, and after serving a year and receiving the stipulated compensation had been discharged without cause in a letter expressly recognizing a contract of employment. The defendant asked the court to charge that a “ party seeking compensation from a corporation under a contract made with an officer of the corporation, for a breach of the contract, and hot for services actually rendered, the corporation must not only establish the contract, but must also establish the authority of the said officer to make the contract.” The trial judge said: “Under the facts in this case this point is denied.” Held, not to be error.</p> <p>2. In such a case the issue submitted for the determination of the jury was not whether there was a contract of employment, but it was as to what that contract actually was, and as to its extent. The point submitted, therefore, had no specific application to the precise issue that was being tried.</p> <p>3. In an action to recover for the breach of a contract of employment, it appeared that the plaintiff was employed for three years, and that he was; as he alleged, discharged without cause at the expiration of one year. He acknowledged that he secured another position, and that he earned a certain sum, but that he had given up the position when he expected his case.against the defendant to come on for trial. A verdict was rendered in favor of the plaintiff, and the trial judge reduced it by deducting therefrom the amount admitted to have been earned after the discharge. Held, that the judgment sh