Haldeman v. Read Machinery Co.
Haldeman v. Read Machinery Co.
Opinion of the Court
Opinion by
The plaintiff entered the employ of defendant in 1917. The terms of employment were reduced to writing, on June 20, 1917, defendant wrote to the plaintiff “In accordance with our conversation we would state that we will be pleased to see you enter our employ commencing August 1st on the basis of $1,800 per annum.” On January 3, 1918, the plaintiff was given a memorandum which read “Compensation for 1919 will be $2,000.” February 22, 1919, plaintiff received a similar communication “An increase in your salary $2,200 per annum will take effect as from February 1, 1919,” and again on September 25, 1919, “Your compensation $2,400 per annum from November 1st on.” On January 19,1920, “Increase in your salary to $2,860 per annum, payable monthly, beginning January 1st.” Later, about the middle of July, 1920, his compensation was raised to $3,000 per year, no written memorandum, however, being made of this Jact. It will be noticed that the essential facts concerning his employment are in writing. The court held that when he was discharged on April 20, 1921, he had a legal right to retain his position until August 1,1921, which would have been the date for the termination of the contract if his employment were from year to year. It took the position that the real point in the case was whether the conduct of the plaintiff, Haldeman, for some time prior to his discharge on April 20, 1921, was such as warranted his
Reference
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- Haldeman v. Read Machinery Company
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- Syllabus
- Contracts — Master and servant — Indefinite period of employment — Presumption of employment at will. In a contract of hiring when no definite period is expressed, in absence of facts and circumstances showing a different intention, the law will presume a hiring at will. The fact that the hiring is at so much per week, or month, or year, will raise no presumption that the hiring was for such period. The preponderance of American authority in favor of the doctrine that an indefinite hiring is presumptively a hiring at will is so great that it is scarcely open to criticism.