U.S. Court of Appeals for the Second Circuit, 1898

Sheahan v. National S. S. Co.

Sheahan v. National S. S. Co.
U.S. Court of Appeals for the Second Circuit · Decided March 10, 1898 · Lacombe, Shipman, Wallace
87 F. 167; 30 C.C.A. 593; 1898 U.S. App. LEXIS 1780

Sheahan v. National S. S. Co.

Opinion of the Court

PER CURIAM.

Tins is an action to recover damages for breach of contract. The plaintiff was the sole witness, and the only con tract with defendant which his testimony tended to establish was one made in 1867, whereby defendant employed him as its agent to sell tickets on commission, with no limitation as to time or provision requiring notice of termination. After he had continued in such employment about nine years, defendant abruptly terminated the contract. In the absence of any provision requiring notice as a condition precedent to termination, or of any clause fixing a term of employment, defendant was entitled to dismiss its agent at pleasure, without thereby giving plaintiff a cause of action for damages sustained by reason of such discharge. The judgment of the circuit court is affirmed.

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