Allen v. Whitlark
Cases that cite this one
4 later published cases cite this decision.
- Miller v. Yellowstone Irrigation District (Mont. 1932)
- Robinson v. Western Union Telegraph Co. (Mich. 1912)
- Januska v. Mullins (Mich. 1951)
- Chisholm v. Preferred Bankers' Life Assurance Co. (Mich. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The only question in this case is whether the burden of proof is upon plaintiff or defendant to show what, if any, effort was made by a wrongfully discharged servant to obtain employment during the remainder of the period for which he was hired, in a case where the servant brings an action for breach of the contract. The case is ruled by Farrell v. School-District, 98 Mich. 43, which holds that it is upon the defendant.
The judgment of the circuit court will be reversed, and that of the justice affirmed, with costs of all courts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.