Mahon v. Daly

Citations

• 70 Ill. 653

Syllabus

<p>1. Contract to give employment—whether it must he mutual. Where, by the terms of a contract, the defendant covenanted to employ the plaintiff for a definite time, it is wholly immaterial, in a suit for wages on such contract, whether the plaintiff agreed in said contract to serve the defendant during the time specified or not, if he, in fact, was ready and offered to do so.</p> <p>2. Measure oe damages —for breach of contract to give employment. The defendant entered into a contract with the plaintiff to employ him, at a specified rate per month, for a definite length of time. The plaintiff entered upon the employment, hut before the expiration of the time, the defendant discharged him. The plaintiff thereupon sued, claiming pay, at the rate fixed by the contract, for the length of time he had served: Held, it was not error to. exclude evidence offered by the defendant as to the value of plaintiff’s services.</p> <p>3. If, however, the plaintiff had gone upon the indebitatus count, on the theory that the contract had been rescinded, he would have been confined, in his recovery, to the quantum m&ruit, and the evidence as to the value of the services, offered by the defendant, would have been competent.</p>