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Allen v. Whitlark
99 Mich. 492
Mich.
1894
Check Treatment
Hooker, J.

The only question in this case is whether the burden of proof is upon plaintiff or defendant to show what, if any, effort was made by a wrongfully discharged servant to obtain employment during the remainder of the period for which he was hired, in a case where the servant brings an action for breach of the contract. The case is ruled by Farrell v. School-District, 98 Mich. 43, which holds that it is upon the defendant.

The judgment of the circuit court will be reversed, and that of the justice affirmed, with costs of all courts.

McGrath, C. J., Grant and Montgomery, JJ., concurred. Long, J., did not sit.

Case Details

Case Name: Allen v. Whitlark
Court Name: Michigan Supreme Court
Date Published: Mar 27, 1894
Citation: 99 Mich. 492
Court Abbreviation: Mich.
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