Hamlin, Hale & Co. v. Race

Citations

• 78 Ill. 422

Syllabus

<p>1. Master and servant—the latter should he respectful and obedient. Where a party is employed by another, he must, in his intercourse with his employer, and those having control of his business, and with those doing business with such employer, abstain from all vulgarity and obscenity of language and conduct, and must be respectful and obedient to all reasonable commands of his employer, and those having control of his business.</p> <p>2. A failure in any of these requirements by a salesman in a store, would be ground for discharging him before his term of employment expires.</p> <p>3. Action to recover installments—measure of damages. On a contract for the payment of money in installments, assumpsit will usually lie to recover each installment as it falls due, without waiting for the last to mature.</p> <p>4. But where a suit is brought on such a contract, the plaintiff can only recover the amount that was due at the time the suit was brought, although at the time of the trial all the installments may have matured.</p> <p>5. Where a plaintiff has been employed by the defendant for one year, at a specified salary, payable in monthly installments, and before the year expired he was discharged, and afterwards, and before the end of his term, he brought suit, claiming that the contract was still in force, and that he was and had been ready and willing to perform, it was held, that he could only recover for the installments that had matured at the time the suit was brought, notwithstanding the term had expired before the cause was tried.</p> <p>6. If, when he was discharged, he had terminated the agreement, and sued on the breach of the contract, and the cause was not tried until the term had expired, and it had then appeared that he had been unable to procure employment during the time, it may be that he could have recovered for all the damage he had sustained during the term by the breach of the contract.</p>