Hudspeth v Yarnold
| Jurisdiction | England & Wales |
| Judgment Date | 22 May 1850 |
| Date | 22 May 1850 |
| Court | Court of Common Pleas |
English Reports Citation: 137 E.R. 1036
IN THE COURT OF COMMON PLEAS
S. C. 19 L. J. C. P. 321; 14 Jur. 578. Referred to, Carlill v. Carbolic Smoke Ball Company, [1892] 2 Q. B. 490; [1893] 1 Q. B. 256.
1036 HtTDSPETH V. YABNOLD 9C.B.625. [625] cases argued and determined in the court of common pleas, in trinity term, in the thirteenth year op the reign of victoria. The Judges who sat in banco during tjiis term were-Wilde, C. J., Cresswell, J., Maule, J., and Talfourd, J. - hudspeth v. yarnold. May 22, 1850. [S. C. 19 L. J. C. P. 321; 14 Jur. 578. Referred to, Carlill v. Carbolic Smoke Ball Company, [1892] 2 Q. B. 490; [1893] 1 Q. B. 256.] A., the manager of a theatre, by letter, proposes to B., an actor, an engagement at 21. per week, determinable by a month's notice. B. performs under this proposal. Notice is given by letter to B. to determine the employment, unless B. will consent to a reduction of salary. In a third letter, A. writes, " I have received your letter, and upon re-consideration, will give you the same terms, 21., for the summer season." Held, that the first and third letters contained merely proposals, and that as no agreement was constituted between the parties until those proposals had been expressly accepted, or tacitly acquiesced in, by B., the correspondence was admissible in evidence without an agreement stamp.-In debt for 501. the defendant pleaded as to 151. 16s. 8d. non-joinder of a co-debtor, and as to the residue, never indebted. The defendant pbtained a verdict upon the non-joinder. As to the residue, the plaintiff proved a debt for 351. 5s. 8d., reduced by payments to 111. 5s. 8d. Held, that the defendant was entitled to a suggestion to deprive the plaintiff of costs, under the County Courts Act, 9 & 10 Viet. c. 95, s. 129. Debt, for 501. due for wages. The defendant, as to 151. 6s. 8d., pleaded nonjoinder of J. K., a co-debtor; and, as to the residue, nunquam indebitata. At the trial before Wilde, C. J., at Westminster, after the last term, it appeared that the plaintiff acted at the [626] Pavilion Theatre, of which the defendant was manager, from Christmas, 1848, to May, 1849, when the defendant took J. K. into partnership; and that the 151. 6s. 8d. mentioned in the plea was for services performed during the partnership. To prove his title to salary for twenty-two weeks at the rate of 21. per week, the following letters were offered in evidence :- "17th November, 1848. " Sir,-If you are disposed to take a weekly salary of 21., and a clear half-yearly benefit, I think I could receive you at Christmas, provided the. terms suit you, and a month's notice on either side in case of separation. I beg to apologise for not answer ing a former application. Perhaps you will be more polite, and let me have your reply. "emma yarnold." "14th April, 1849. "^Sir,-I ana desired by Mrs. Yarnold to inform you, that . . . she can only offer you for the ensuing summer season, the sum 11. 10s. per week. Should this not meet your views, Mrs. Y. is reluctantly compelled to inform you that your services will not be required after the 26th June, 1849. An answer is required not later than the 18th of April. "charles gerrard, for " mrs. yarnold." " 21st April, 1849. "Sir,-I have received your letter, and, on reconsideration, will give you the same terms, 21. per week, for the summer season. " emma yarnold." It was objected that these letters could not be read for want of a stamp. This objection was overruled, and the plaintiff obtained a verdict for 111. 5s. 8d., being the amount of sa-[627]-lary due at 21. per week, after deducting the 151. 6s. 8d., for which the defendant was not solely liable, and payments to the amount of 241. made on account. Leave was reserved to the defendant to move to enter a nonsuit, 9C. B...
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