Nash v. Kreling

Citations

• 6 Cal. Unrep. 233
• 56 P. 260
• 1899 Cal. LEXIS 1177

Syllabus

<p>Contract of Employment.—One About to Enter the Employ of another demanded $100' per week for the term of two years. The employer offered him $75 a week for the first year, and $100 for the second. He declined, but agreed to contract for $90 a week for the first year, and, if business should not then warrant the $10' raise, he would wait until it did. This was accepted. Held, that this was a contract for one year only.1</p> <p>Contract of Employment.—In an Action for Salary as Stage Manager of a theater, the court charged that if plaintiff agreed to devote his whole time to the theater, and to the duties of his employment, and to advise with defendant during business hours and when requested regarding the stage or business affairs, but failed and neglected any portion of his duties, he could not recover. Held, that the charge was not prejudicially erroneous, as allowing the original written contract to be varied by parol, as or implying, without evidence to support it, that his employment included other duties than that of stage manager; the evidence showing that his duties included the alleged additional promises, and the court having also charged that defendant employed plaintiff as stage manager, and could not require of him any formal contract differing from that shown by the original correspondence, nor to perform any duties not appertaining to Ms employment, and that the employer was entitled to the employee’s services during reasonable hours of his employment, and that the jury must determine plaintiff’s duties as stage manager, and whether he had neglected them.</p> <p>Trial.—A Verdict on Conflicting Evidence is conclusive.</p>