93 Minn. 332 | Minn. | 1904
Plaintiff recovered a, verdict in the court below for a balance due upon an executory contract by the terms of which he agreed to teach telegraphy in a business school conducted by defendant. From an order of the municipal court of the city of Minneapolis overruling his motion for a new trial, defendant appeals.
As our conclusion leads to a reversal, we deem it important to consider but one of the questions presented. Defendant justifies an alleged discharge of plaintiff because of his conduct, and insists, among other defenses, that by a rule of such school both teachers and students were prohibited from frequenting saloons where intoxicating liquor was sold, under penalty of suspension or discharge, and that this rule was brought to the knowledge of the plaintiff at a date subsequent to the making of the contract sued upon, and by him violated. Evidence was offered tending to sustain this contention, and to show that plaintiff frequently visited saloons located in the vicinity of the school, and was seen to enter the same by a number-of students.
The court charged the jury, in substance, that if they found such a
Order reversed.