129 Mich. 502 | Mich. | 1902
(after stating the facts). 1. No fraud or mistake is claimed in making the contract. Its terms are explicit. It contains no ambiguity. Parol evidence of the conversations and negotiations prior thereto was therefore inadmissible, and should have been excluded.
3. The first judgment in this case was reversed because we held that the contract was not one for life, and that the trial court therefore erred in admitting the mortality tables. 125 Mich. 252 (84 N. W. 314). The other questions now presented were not then determined. The main question now is, Is this contract one for the violation of which future damages can be recovered ? What basis is there for the determination of such damages ? If there be no basis, the judgment cannot stand. Upon the first trial the case was submitted to the jury upon the theory of a life contract. The mortality tables then furnished some basis for the determination of the damages, which the jury fixed at $1,950. Upon the second trial, with this basis eliminated, and the jury instructed that it was not a life contract, they have increased the former verdict by nearly $700, and found the damages even to the odd cents. Plaintiff did not bind himself to remain in the employ of the defendant for a day. He could leave at any time without violating his contract. Defendant could discharge him at any time by saying to him, “Your services and conduct are not satisfactory.” His employment was not to be continuous, but was liable to interruption if a brakeman was not needed. During the time of the interruption he was not entitled to pay. In order to reach a verdict,
It is urged that this point was determined by the former opinion, and therefore is res adjudicata. "Whatever may be our views on this question, we find it unnecessary to determine it. The former case was submitted to the jury upon the theory of a parol life contract. It now conclusively appears by this record that the officer of the defendant with whom plaintiff claims his contract was made had no authority to make it, and the court should have so instructed the jury, and directed a verdict for the defendant.