71 Neb. 754 | Neb. | 1904
The defendant in error had been in the employment of the plaintiff in error as a farm hand and, upon his discharge from such employment, brought an action and recovered judgment on the ground that his contract of employment had been violated, in that he had been discharged before the expiration of the term for which employed and without any just cause therefor. Counsel for plaintiff in error says that the contract of hire is based on a written contract, and that the defendant ivas, under the evidence, justified in discharging the plaintiff when he did because there had been a failure of crops which, under the contract, was a ground for its termination; that the contract ( f employment was for an indefinite period, and also the discharge was justified because the plaintiff was not a competent farm hand. “We think,” says counsel for plaintiff in error, “the only proposition involved in this case is whether or not the circumstances and the evidence in the case justified the discharge of the defendant in error.” The controversy thus resolves itself into a question of whether the evidence is sufficient to sustain the verdict. The contract of employment is evidenced by a ivritten correspondence between the parties. The plaintiff was at the lime living in Illinois. He was a man of a family and was induced, by reason of the contract, to move to Kearney
There is yet another consideration Avhich we think must dispose of the defendant’s contention in this regard. The answer does not plead the happening of the condition relative to crop failure, whatever view may be taken as to the proper construction of the contract in this respect. All that is alleged is“Defendant met to a great extent Avith failure of crops during said year.” This does not amount to an allegation that there Avas such a failure as gave him a right to terminate the contract, nor does he allege that it was terminated on that account. On the contrary, it appears that the employment of the plaintiff Avas continued till after all of the fall Avork on the farm Avas done,
Affirmed.