Millert v. Augustinian College

Citations

• 36 Pa. Super. 511
• 1908 Pa. Super. LEXIS 197

Syllabus

<p>Master and servant — Wrongful discharge — Receipt in full — Question for jury.</p> <p>Where an employee upon being wrongfully discharged before the expiration of his term, accepts under protest a check marked “in full,” and subsequently adds the words “to date” giving date, in a suit subsequently brought to recover the balance of salary due, the question as to the meaning of the words “in full,” is for the jury.</p> <p>An employee who is wrongfully discharged, is prima facia entitled to recover the stipulated compensation for the whole term, if it appears that he honestly endeavored to secure employment during that period, and as honestly failed.</p> <p>In such a case where the jury returned a verdict for an amount considerably less than the stipulated compensation, the appellate court will not reverse the judgment because the trial judge while instructing the jury not to allow interest as such, told them that they might allow plaintiff anything up to six per cent by way of detention of the money.</p>