Horton v McMurtry
| Jurisdiction | England & Wales |
| Judgment Date | 25 April 1860 |
| Date | 25 April 1860 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 1347
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 29 L. J. Ex 260; 8 W. R. 285; 2 L T 297. Referred to, Clouson and Company, Limitd v Corry, (1906) A. C 130.
horton v. m'murtry. April 25, I860. - A declaration stated that it was agreed, between the plaintiff and defendant, that the plaintiff should serve the defendant faithfully for three years in his business of a manufacturer of lard; and alleged as a breach the wrongful dismissal of the plaintiff before the expiration of that period. Plea that the plaintiff did not serve the defendant faithfully as in the agreement stipulated. At the tdal it appeared that bladders are essential in the business of a manufacturer of lard , and that the plaintiff, without the knowledge of the defendant, entered into a contract with C. for the purchase of several thousand bladders, which were invoiced and delivered to Gr, who allowed the plaintiff, from time to time, to have as many as were required for the defendant's business. C having made a claim upon the defendant in respect of the bladders, he dismissed the plaintiff. - Held . First, that there was no misdirection in telling the jury that, so far as it was matter of law, the defendant was justified in dismissing the plaintiff - Secondly, that the facts were admissible in suppoit of the plea, that the plaintiff did not serve the defendant faithfully. [S. C. 2L J. Ex 260; 8 W. R. 285 ; 2 L T 297. Referred to, Clouston and Company, Limited v Cmry, [1906] A. C 130.] The declaration stated that on, &c , it was agreed by and between the plaintiff and the defendant, that the plaintiff should serve the defendant faithfully for the period of three years, commencing from the 1st day of January, 1859, in any honoui-able occupation, and especially should bring all his, the plaintiff's, knowledge and experience to bear on the successful carrying on of the manufacture of laid, at and for the salary or wages of 4L per week during the said [668] peiiod, and that the defendant should continue the plaintiff in his said service and pay him such salary or wages for and during the said period Averments . that the plaintiff did on the day and year last aforesaid enter into the said seivice of the defendant upon the teims aforesaid, and continued in such service of the defendant upon the terms aforesaid for a certain timer to wit, until the time of the dismissal and discharge hereinafter mentioned. Breach that although the plaintiff was then and hath always been ready and willing and then offered to remain and continue in the said seivice of the defendant for and during the peiiod and on the terms aforesaid, and had done all things necessary to entitle him, the plaintiff, to a continuance in the defendant's service : yet the defendant did not nor would continue the plaintiff in his, the defendant's, service until the expiration of the said period, but, before the expiration of the said period, refused to suffer the plaintiff to continue any longer in his, the defendant's, service, and wiongfully dismissed and discharged the plaintiff therefrom, without any reasonable or probable cause whatsoever, &c Pleas (inter alia,) First : that it never was agreed by and between the plaintiff and the defendant as in the declaration alleged. Secondly . that the plaintiff did not eei ve the defendant faithfully as in the said agreement stipulated. Issues thereon. At the trial, before Pollock, 0 B., at the London Sittings after last Michaelmas Term, it appeared that the defendant, being about to establish a factory for the manufacture of lard, applied to the plaintiff to undertake the management of it. After some negotiation, the defendant agreed to accept the services of the plaintiff for three yeais upon the terms specified in the following letter written by the plaintiff to the defendant : - Mir. R. M'Murtry. "London, Dec. 2/58. " Dr. Sirr - .Referring to our conversation a few days back . In consideration of an agreement ob your part to pay me at the rate of 41., say Four pounds, per week for the period of three years commencing from the 1st of January next, I agree to serve you faithfully for that term in any honourable occupation - especially to bring all my knowledge and experience to bear on the successful carrying on of the manufacture of lard. - I am, yours, &c, " H. HORTON." 1348 horton v. m'murtry shan, wo. The plaintiff accordingly entered into the defendant's service on the 1st January, 1859. Bladders are essential in the manufacture of lard, and the plaintiff purchased them for the defendant's business. In June, 1859, a...
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