By a contract between the plaintiff and A and B, it was agreed that the plaintiff should serve A and B as foreman in their business for seven years, if A and B, or either of them, should so long live. – The plaintiff having subsequently discovered that, at the time of making the contract, C was a dormant partner with A and B, declared upon the contract as an agreement to serve A, B, and C, or the survivor of them, for the period therein named.
Held: That the contract was misdescribed. – Semble, that if it had been properly declared upon C would have been liable under the agreement.
Citations:
[1840] EngR 758, (1840) 1 Man and G 738, (1840) 133 ER 530
Links:
Citing:
See Also – Beckham v Knight And Drake 24-Jan-1838
K and S having entered into a written engagement to employ Plaintiff in their trade for seven years.
Held: The Plaintiff could not sue D, a dormant partner with K. and S., but not party to the agreement. . .
Cited by:
See Also – Beckham v Drake, Knight, And Surgey 10-Jul-1841
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See Also – Beckham v Drake, Knight, And Surgey 19-Nov-1841
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See Also – Drake And Others v Beckham 6-Feb-1843
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See Also – Beckham v Drake HL 11-Jul-1849
Non-property assets do not pass on bankruptcy
An action was brought on a contract for hiring and service, where the plaintiff was to serve for seven years, and the defendant to pay weekly wages during that time; and the breach was a dismissal during the seven years. The plaintiff, after this . .
Lists of cited by and citing cases may be incomplete.
Contract, Employment
Updated: 05 May 2022; Ref: scu.310184