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.
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
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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