57 S.C. 147 | S.C. | 1900
The opinion of the Court was delivered by
Appellants seek to reverse an order sustaining a demurrer to their answer herein. The complaint was on a quantum meruit for services performed by the plaintiff for defendants. The answer, among others, set up the following, both by way of defense and as a counterclaim : “That on or about the 1st day of July, 1897, a verbal agreement was entered into between the plaintiff and these defendants, who were then and are now merchant tailors, whereby the plaintiff was to perform the services of ‘cutter’ for the term of one year from the 1st day of October, 1897, to the 30th day of September, 1898, at a salary of $100 per month, with the express understanding and agreement that each month the defendants were to deduct from said salary the sum of $20, the same to be forfeited in case the plaintiff should leave the defendants’ employ before the expiration of the year. That the plaintiff, witho.ut reasonable ground, justification or excuse, broke his contract and left the employ of these defendants on or about the 1st day of June, 1898, by reason of which action the said sum of $20 per month for eight months from the 1st day of October, 1897, to the 1st day of June, 1898, namely, the sum of $160, became forfeited', and it is to be deducted from the salary due the plaintiff by the defendants.” „The plaintiff really demurred on the ground that the answer did not state facts sufficient to constitute either a defense or counter-claim, the same being based upon a verbal contract within the statute of frauds, because not to be performed within one year, and the demurrer was sustained.
The judgment of the Circuit Court is affirmed.