Weidman v. United Cigar Stores Co.
Weidman v. United Cigar Stores Co.
Opinion of the Court
Opinion by
In a contract of hiring, where no definite period is expressed, in the 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. Where, however, a contrary intention can be fairly derived from the contract itself, the law will allow such intention to prevail; and where the contract is in writing, the court, in construing the instrument, will take into view the situation of the parties, and the objects they had in view. The present case is to be adjudged in the light of these well-established rules. The plaintiff and his partner were the owners of a cigar and tobacco store in the city of Pittsburg. The defendant company owned and conducted several stores of like character in the same city with headquarters in New York, where they also own and conduct other stores of like kind. By written article of agreement the company contracted with the plaintiffs for the purchase of the latter’s store in Pittsburg. The clause in the article under which the question arises is as follows: “Immediately upon the completion of said inventory and appraisement, the said first parties shall become and be responsible for the general management of all- the stores of the said second party in Allegheny County, Pennsylvania, each giving his entire services as such; the said Charles Weidman to receive
The judgment is affirmed.
Reference
- Full Case Name
- Weidman v. United Cigar Stores Company
- Cited By
- 34 cases
- Status
- Published
- Syllabus
- Contract — Hiring—Term of hiring — Intention. 1. In a contract of hiring, where no definite period is expressed, in the 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. Where, however, a contrary intention can be fairly derived from the contract itself, the law will allow such intention to prevail; and where the contract is in writing, the court, in construing the instrument, will take into view the situation of the parties, and the objects they had in view. 2. Where a written contract for the purchase of a store and fixtures from two partners also provides for the employment of the two partners, by the purchaser, at a stated salary per year, as general managers of the store in question and other stores conducted by the purchaser, the contract so far as it relates to the employment will be construed as a hiring by the year, and not as a hiring at will. Such a contract shows that the employment was stipulated for as a consideration moving to the vendors.