157 F. 1005 | 1st Cir. | 1907
We are of the opinion that the plaintiff’s evidence was insufficient to show the making of a contract to employ the plaintiff for five years at $60 per week; and, as a verdict to such an effect must have been set aside, it was not error in the Circuit Court tp direct a verdict for the defendant. We have already decided that, by appropriating the check sent to him for full settlement to September 7, 190], the plaintiff accepted the terms upon which payment was offered. 137 Fed. 1, 69 O. C. A. 651. The only offer of the defendant open after that time was employment at the rate of $1,800 per year. We find no evidence of the defendant’s assent, express or implied, that the rate of the plaintiff’s wages should remain an open question after the vote of the directors. The defendant consistently stood by this vote. Under these circumstances, the plaintiff's performance of services gave him the.