Trustees of Soldiers' Orphans' Home v. Shaffer

Citations

• 63 Ill. 243

Syllabus

<p>1. Contract for service—termination of. A servant hired for a fixed term can not be discharged without cause, during the term, and may recover for the whole term, deducting any amount obtained for work elsewhere, or which might have been obtained by reasonable effort.</p> <p>3. Officer or employee—corporate power of removal. A corporation loses its general power of removal, contained in its charter, if it make a specific contract. In such case it is bound like a private person.</p> <p>3. Practice—pleading and evidence. Plaintiff must declare specially, for breach of contract in wrongful dismissal from service. Indebitatus for work and labor will not lie.</p> <p>4. Special contract—must be proven. .Special counts for breach of contract must be sustained by proof of the contract.</p> <p>5. Pabol evidence—of contents of a contract in writing. In an action against a corporation to recover under a special contract which was evidenced by a resolution of the board .of trustees of the corporation, parol evidence is not admissible in behalf of the plaintiff to prove the contents of such resolution, without notice to the defendant to produce it, or the usual preliminary proof of loss.</p>