McClellan v. Harris

Citations

• 7 S.D. 447
• 64 N.W. 522
• 1895 S.D. LEXIS 95

Syllabus

<p>1. By statutory implication, a contract to perform personal services for a fixed term contains a stipulation releasing an employe from liability when performance is prevented by an irresistible, superhuman cause.</p> <p>2. Consequently, one who is prevented, by sickness occasioned by no fault of his, from continuing in the service of his employer, under a contract to labor upon a farm for jt specified term at a stipulated price per month, may recover reasonable compensation for services performed, irrespective of the rule by which to measure the rights of one who willfully, and without good cause, quits his employer during the term for which he has agreed to labor.</p> <p>(Syllabus by the Court.</p>