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· 3/13/1905

Woods v. M. A. Shumard & Co.

Citations

  • 114 La. 451
  • 38 So. 416
  • 1905 La. LEXIS 488

Syllabus

<p>MASTER AND SERVANT — OONTRAOT OE EMPLOYMENT — EVIDENCE—DAMAGES.</p> <p>1. Employment by the year may be implied from the nature of the business and a stipulation that the employs shall pay out of his commissions all expenses, including license taxes for the ensuing year.</p> <p>2. The testimony of the employs that he was guarantied $3,000 per annum, and was paid on the guaranty $250 per month for the first two months, is not counterbalanced by the testimony of the employer denying the guaranty, but not denying or explaining the payments.</p> <p>3.Plaintiff having been employed by the year, or for at least one year, as “city manager” of defendant’s insurance agency, and having been discharged without just cause, is entitled to recover earnings for the remainder of the year, the amount of which is fixed on the basis of the sum guarantied.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[T]he requirement of an underlying constitutional violation is implicit in the Third Circuit’s Monell framework.”
  • “[T]he requirement of an underlying constitutional violation is implicit in the Third Circuit’s Monell framework.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Land

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