55 Mich. 383 | Mich. | 1884
The plaintiff sues to recover for the services of himself as keeper, and his wife as matron, of the Wayne County almshouse, for the year succeeding October 1, 1882. The case was sent to a referee, who found that the plaintiff and his wife were first employed in the capacities mentioned for one year, commencing August, 17, 1877, “at a salary of eight hundred dollars per annum; ” that the employment was continued after the expiration of the year, to September 30, 1878, and was then renewed by formal resolution of the board, for another year; that on September 30, 1879, it was again renewed for another year in the same way, and at the end of that year for still another year. At the end of the year 1881 plaintiff and his wife continued in service on an oral understanding with the board that they should do so, and on January 4, 1882, a formal resolution of the board was adopted, continuing their employment for the year ending September 30, 1882.
About the middle of September, 1882, plaintiff met two of the three superintendents, and stated to them that there were rumors of changes to be made, and as the year was nearly over he desired to know whether he would be wanted another year; that if he was not wanted another year he desired to leave when the year was up ; that both his houses and his farm were occupied, and he would'want to make his arrangements so as not to move his family in the winter. Mr. McDonald, one of the superintendents, said in the pres
“It was competent for two Of the said superintendents, without an authorization -of the board at a formal meeting, to enter into a valid contract which would be binding upon the corporate body, for the employment of a keeper, or a keeper and matron, of the said almshouse.
The facts fail to establish an express contract on the part of the said superintendents for the hiring of the plaintiff as keeper for the year next ensuing October'1,1882. The said conversation between plaintiff and said McDonald and Shanahan did not make any express contract between the parties.
No contract or undertaking on the part of the said superintendents arises, by implication of law, from all the circumstances and facts above found and set forth, to continue the employment of plaintiff for another term from and after October 1, 1882.”
The referee’s conclusions of law are correct so far as they go, but they do not cover the ease. It is very evident that no express contract of hiring for another- year was entered into. It is also true that the law will not imply a contract from the facts stated. But when the question is whether parties, by oral Communication and by their acts, have entered into a contract-the conclusion tobe deduced is not one of law but of fact, and must be determined as such. The contract itself, if there is one, is a fact, to be arrived at on a consideration of other facts; and if there is any evidence tending to prove it, must be found like any other fact, by a jury, or by the court acting in the place of a jury.
There weré in this case some very strong facts tending to the proof of a contract, though they were not conclusive. Plaintiff appears to have understood that his employment was to continue for another year, and he perhaps had a right under the circumstances to suppose the members of the board understood it in the same Way. But the significance of their acts we cannot pass upon here. It would seem they did not understand they had done what would amount to a renewal of the employment; but if their acts were such as fairly to lead the plaintiff to understand he was again employed, a jury may perhaps imply a contract to that effect.
The case closely resembles Tallon v. Mining Co. ante, p. 147, decided at the present term, and we think that case rules it. A new trial must be ordered.