James v. Parsons, Rich & Co.

Citations

• 70 Kan. 156
• 78 P. 438
• 1904 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Wrongful Discharge —Rights of Servant. A servant wrongfully discharged by his employer before the expiration of the time for which he was employed may pursue either of two remedies: He may treat the contract as terminated, and recover as upon a quantum, meruit for the value of the services rendered; or he may stand upon the contract, and recover under its terms for damage for its breach. He cannot pursue both remedies. Having elected one, he cannot avail himself of the other.</p> <p>2. -Election of Remedies. A servant wrongfully discharged from his employment had recovery for three days of service before the same was due him under the terms of the contract. Held, that having elected to recover on a claim outside the contract, as though the contract did not exist, he could not thereafter recover under the contract.</p>