Pierson v. Kingman Milling Co.

Citations

• 91 Kan. 775
• 139 P. 394
• 1914 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Contract — Employment During Life — Statute of Frauds. An agreement to- provide a person -with employment during his life is not required by the statute of frauds to be in writing and signed by the party to be charged, since its performance will not necessarily extend over a year.</p> <p>2. Injured Employee — Contract for Settlement Misread — Important Omissions — Employee Not Chargeable with Notice of Omissions. If an injured employee, who is too weak to read, is induced to sign a contract releasing his employer from liability, by the false representation that it provides for his future employment, the contract being read aloud as though it contained such provision, constructive notice of its real contents is not imparted to him by the fact that his wife, being present as his agent, to aid him in the matter, omitted to read it.</p> <p>3. Same — Receipt—Not Signed by Employer — Contents Misrepresented by Employer — May be Reformed. A writing acknowledging the receipt of money by an injured employee, and in consideration thereof releasing the employer from liability, although signed only by the employee, is contractual in its nature, and upon sufficient proof may be reformed on his application by inserting a provision for his future employment.</p> <p>4. Contract — Employment for Life — Enforceable. A contract by which an employer agrees to furnish an injured employee employment for life is not too indefinite for enforcement, although it makes no provision for the kind of work to be done or the amount of compensation.</p> <p>5. Same — Employment During Life — Executed by Secretary— Subsequent Ratification by Corporation. Evidence to the following effect is sufficient to take to the jury the question whether a corporation was bound by a contract to give life employment to an injured employee: The contract was entered into on behalf of the company by the secretary, who acted as foreman, employing men, making agreements as to the