Ogden-Howard Co. v. Brand

Citations

• 30 Del. 482
• 7 Boyce 482
• 8 A.L.R. 334
• 108 A. 277
• 1919 Del. LEXIS 62

Syllabus

<p>1. Master and Servant—No Action of Debt for Damages from Wrongful Discharge.</p> <p>A corporation’s buyer and manager, employed by contract under seal at a salary of $100 per week, terminable on six months’ notice, and wrongfully discharged without notice, could not maintain actions of debt to recover weekly installments of salary for the six months’ period for which his contract entitled him to-notice; the damages being unliquidated, as capable of reduction by whatever might have been earned in other employments.</p> <p>2. Master and Servant—Measure of Damages for Wrongful Discharge.</p> <p>The measure of damages to a wrongfully discharged employe is his stipulated salary for such period as he may be entitled to recover damages, less any amount actually earned, or which he might by due and reasonable diligence have earned during such period after discharge.</p>