A Treatise On the Law of Bailments
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Setylement at the end of every three mouths, and at the end of the first three months a computation was had between the parties, of the amount due on the contract, and a note was given therefor on which an action was brought, it was held no defence that the payee of the note had abandoned the con- tract and left the service before the expiration of the year. 4 1 2 Pick. R. , 883.
1 McMillan v. Vanderlip, 12 John. R. , 165.
' Jennings v. Camp, 13 John. R. , 96; 8 Cowen R. , 68; 19 John. R. , 337...; IS John. R. , 94. * Thorp* T. White, 18 John. R^ 58.
CONTRACTS FOE HIBE. 361 Any act of the parties, which shows a mutual consent to vary the terms of the contract, will raise an implied promise to pay for the work subsequently done. 1 Where the plaintiff agreed to lay a quantity of stone wall and dig a certain ditch for a stipulated compensation, the work to be completed at a certain time, and the plaintiff commenced the work, but failing to complete it by the ap- pointed time, the defendant told him to go on with the job, and he would turn in and help him on being allowed a com- pensation for his services, and did so until the work was finally finished, it was adjudged that the new arrangement raised an implied promise to pay for the services rendered ; but that the new agreement did not operate as a waiver of any damages which the employer had sustained in conse- quence of the non-fulfillment of the contract within the time stipulated ; that the defendant had a right to recoupe such damages in an action for the services, but that he must give previous notice of his intention to do so.
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To quickly assess the difficulty of the text, read a short excerpt:
Setylement at the end of every three mouths, and at the end of the first three months a computation was had between the parties, of the amount due on the contract, and a note was given therefor on which an action was brought, it was held no defence that the payee of the note had abandoned the con- tract and left the service before the expiration of the year. 4 1 2 Pick. R. , 883.
1 McMillan v. Vanderlip, 12 John. R. , 165.
' Jennings v. Camp, 13 John. R. , 96; 8 Cowen R. , 68; 19 John. R. , 337...; IS John. R. , 94. * Thorp* T. White, 18 John. R^ 58.
CONTRACTS FOE HIBE. 361 Any act of the parties, which shows a mutual consent to vary the terms of the contract, will raise an implied promise to pay for the work subsequently done. 1 Where the plaintiff agreed to lay a quantity of stone wall and dig a certain ditch for a stipulated compensation, the work to be completed at a certain time, and the plaintiff commenced the work, but failing to complete it by the ap- pointed time, the defendant told him to go on with the job, and he would turn in and help him on being allowed a com- pensation for his services, and did so until the work was finally finished, it was adjudged that the new arrangement raised an implied promise to pay for the services rendered ; but that the new agreement did not operate as a waiver of any damages which the employer had sustained in conse- quence of the non-fulfillment of the contract within the time stipulated ; that the defendant had a right to recoupe such damages in an action for the services, but that he must give previous notice of his intention to do so.
What to read after A Treatise On the Law of Bailments?
You can find similar books in the "Read Also" column, or choose other free books by Isaac Edwards to read onlineMoreLess
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