Red Cross Manufacturing Co. v. Stroop
Red Cross Manufacturing Co. v. Stroop
Opinion of the Court
Complaint by appellee alleging that he and appellant entered into a contract by the terms of which appellant agreed to employ appellee in its manufacturing plant at Bluffton and to pay him monthly at the rate of $1,300 per year, no deductions to be made because of time lost, that he' should be paid for “straight time,” that either party desiring to terminate the contract of employment should give the other sixty days notice, and alleging a breach of the contract by appellant, in that it discharged appellee without any previous notice.
There was an answer of general denial, and trial by
The only error assigned is that the court erred in overruling the motion for a new trial, the specifications of which are that the verdict is not sustained by sufficient evidence and is contrary to law. Fourteen of the twenty-four “points or propositions” made by appellant relate to the contention that there is a variance between the allegations of the complaint and' the evidence. The remaining ten points relate to the contention of appellant that an employe is not entitled to recover pay when by reason of sickness he is not able to perform the work orlabor which he was employed to do.
In support of the first contention appellant says that the theory of the complaint is that appellee, under the agreement, was entitled to a sixty days notice of his discharge; that he was discharged without such notice; that he worked up to the time of his discharge, and was ready, able, and willing to continue to work if permitted to do so, and that by reason of being discharged without notice he was not able to get work during that time, to his damage; that the evidence is that appellee became sick in November before he was discharged and was not able to and did not work during a large part of the time; that on February 11, he again became seriously ill and did only four days work between that date and April 14, the time of his discharge; that he was not working at the time of his discharge, and was not able to do any work for two or three months thereafter.
The agreement between the parties was verbal. The evidence is not explicit as to what was actually said by the parties at the time the agreement was made. There is evidence sufficient to support the contention of appellee that he was to be allowed pay for “straight time,” that no deductions were to be made on account of time
The general rule, as contended by appellant, is that the inability of an employe by reason of sickness to perform his part of the contract absolves both parties from liability to continue performance. But if the parties have contracted with reference to the possibility of the employe becoming sick- and agree that in case he becomes ill, he shall be allowed pay for
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.