Harmer v Cornelius

[236] harmer v. cornelius. July 5th, 1858. [S. C. 28 L. J. C. P. 85; 4 Jur. N. S. 1110; 6 W. R. 749. Observations applied, Cuckson v. Stories, 1858, 1 El. & El. 257.] T'he public profession of an art is a representation and undertaking to all the world that the professor possesses the requisite skill and ability.-When a skilled labourer, artizan, or artist is employed, there is on his part an implied warranty that he is of skill reasonably competent to the task he undertakes. This was an action against a master for wrongfully dismissing a workman. The declaration stated, that, in consideration that the plaintiff would, on or before the 20th of December, 1857, go to Manchester, and there enter the defendant's service in the capacity of painter, on the terms that he was to work from eight o'clock in the morning to six o'clock in the evening each day of his the plaintiff's engagement, and that the said defendant should retain him in his service in the capacity aforesaid for more than a month, and would pay him for his said services at the rate of 21. 10s. per week during the continuance of such service, the defendant promised the plaintiff to perform and fulfil the said terms in all things on the defendant's part to be performed and fulfilled; that the plaintiff', confiding in the defendant's said promise, did, on or before the day aforesaid, go to Manchester aforesaid, and there enter into the defendant's service in the capacity aforesaid, on the day aforesaid, and on the terms aforesaid ; and that, though the plaintiff had always been ready and willing to continue in the defendant's service in the capacity aforesaid, and on the terma aforesaid, whereof the defendant had notice, yet that the defendant did not nor would retain the plaintiff in his service for more than a month; but that, on the contrary thereof, before the expiration of the agreed month, and when the plaintiff was so ready and willing, and the defendant had such notice as aforesaid, he the defendant wrongfulljy discharged the plaintiff from his the defendant's said service, contrary to his said promise, and thence hitherto refused to retain the plaintiff in his the defendant's said service, for the remainder [237] of the said month ; by means whereof the plaintiff had lost and been deprived of all the wages, profits, and advantages Lje would have acquired from the continuance of the service, &c. The defendant pleaded several pleas, amongst others, secondly, that the plaintiff was not ready and willing, as alleged,--sixthly, that the defendant was induced to make the promise in the declaration mentioned by the false and fraudulent representation, of the plaintiff that he was competent to perform the service for which he was engaged, whereas the plaintiff was quite incompetent to perform such service, wherefore the defendant, as soon as he discovered the said fraud and the plaintiff's incom-peteiiey, rescinded the contract, and discharged the plaintiff from his said service, without having derived any benefit or advantage therefrom. Issue thereon. The cause Was tried before Williams, J., at the first sitting at Westminster in Easter Term lafct, when the following facts appeared in evidence :- (a) The matter was not moved again. 5 C.B. (N. S.)238. HARMEB V. CORNELIUS 95 In December, 1857, the defendant, who resided at Manchester, inserted an advertisement in the Era newspaper for " two first-rate panorama and scene-painters." The plaintiff sent the following reply,- " Sir,-In answer to your advertisement in the Era newspaper, for two scene-painters, I wish to subscribe my name and that of my friend Mr. Wallis to the list of candidates applying for the situation offered. Inclosed is a bill of a panorama we have lately painted. The salaries we should require would be not less than 21. 10s. per week each; travelling expenses paid to arid fro." To this the plaintiff received the following answer from the defendant's agent:- ò "December 21st, 1857. " Sir,-In answer to yours, Mr. Cornelius agrees to [238] pay you 21. 10s. per week, but you must pay your own travelling-expenses, and work from eight o'clock in the morning until six in the evening. In case you don't write by Wednesday, Mr. C. will engage with some one else. If it meets your views, you can come by the earliest train." The plaintiff then wrote as follows,- " Sir,-In reply to your letter, I beg to say that we will come down to Manchester on the terms specified in your letter, and pay our own...