Britt v. Hays

Decided January 15, 1857

Supreme Court of Georgia · decided 1857-01-15

<p>If A employs B to work for him, hy the year, at stipulated wages, and the contract is broken by A, B has one of throe remedies, namely, to wait till ¿he expiration of the time and sue for the whole amount, bring a quantum meruit for the timo he worked, or bring his action, at on.ee, for damages for a breach of the contract.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1857-01-15

How this case has been cited

Cited by 6 later decisions — most recently September 1968

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3The plaintiff treatiug the special contract in this case, as fescindedby the misconduct of the defendant, which he bad a light to do, Rogers vs. Parham 8 Ga. Rep. 190; sued on a quantvim meruit for work aud labor actually performed-He was rectus in curia. His writ or complaint needed no amendment; but he was entitled to recover upon it as it stood, provided he could sustain it by satisfactory proof; and that he was not permitted to do. It was allowable to refer to the special contract to fix the measure of damages; or in other words to prove the value of the plaintiff’s services; as estimated by the defendant himself. He offered to do this however by independent testimony, and the proof was rejected.

¶4Judgment reversed.