Faber v. New Orleans Butchers Cooperative Abatoir Co.
Faber v. New Orleans Butchers Cooperative Abatoir Co.
Opinion of the Court
This was a suit on a contract of hire of labor in which the employee — notwithstanding his discharge before the alleged term of his employment had expired, — sought to recover of' the employer,the defendent corporation, the whole of the salary which he would have been entitled to receive, had the full term of his services arrived; his averment being that he was sent away without any serious ground of complaint before the expiration of the stipulated term of employment.
The answer was substantially a general denial. There was judgment in favor of the defendent rejecting plaintiff’s demand and the latter prosecutes this appeal.
The facts are that plaintiff was originally employed by the de-fendent corporation, as its general superintendent, on the 15th June 1902 for a term of one year therefrom at a salary of $1,800
“Resolved that the Superintendent be re-nominated as Superintendent of the Corporation at $150.00 per month, subject to the recommendations of the Finance Committee as to allevations of his system of work.”
The plaintiff was then called in before the Board of Directors and he was then informed of the board’s resolution, and he was subsequently advised in writing by the Secretary of the conditions of the re-election. He continued in the service of the company under his new contract from the 15th June 1903 until the 15th January 1904, when he was discharged, receiving his monthlv salary at the end of each month for seven months.
It is not pretended, nor can it be successfully contended that there is any thing in the resolution itself which, in the slightest manner, suggests an employment for a term of months.
The only term expressed in the resolution is the term for which the salary is stipulated, and under the stipulation, id est: “One hundred and fifty dollars per month,” there would be as much warrant to affirm that the contract was 'for a term of ten years, or for any greater number of years, as to declare that it was for one year.
Nor had the plaintiff any reason even to infer that he was reelected for another year because his previous election had been for that term. On the contrary, the fact that the resolution of his original election specifically stipulated that he was “elected Superintendent for the term of one year, to take effect from and
The facts of the case are overwhelmingly against the plaintiff. The Judgement appealed from is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.