85 Mo. App. 103 | Mo. Ct. App. | 1900
— The plaintiff instituted this action for damages alleged to have accrued to him by reason of a breach of contract made by him with defendant. Plaintiff prevailed in the trial court.
The record discloses that plaintiff was an employee of
“Know all men by these presents: That, whereas, the undersigned, N. G. Williams, claims to have been injured by the Kansas City Suburban Belt Railroad Company; and, whereas, it is desirable to settle for said injury, and all controversies and claims that the said N. G. Williams may have against said Kansas City Suburban Belt Railroad Company.
“Now, therefore, in consideration of the sum of two hundred dollars ($200) in hand paid to the undersigned, the receipt of which is hereby acknowledged, the said controversy is hereby settled; and for the further consideration of re-employment by said railroad company, so long as the service of said N. G. Williams shall prove satisfactory to said railroad company, the undersigned does hereby release and forever discharge the said railroad company, its successors and assigns and its officers, agents and employees, of and from any and all liability for any claim arising out of or connected with any injury received by said N. G. Williams on the eighth day of December, 1897, at or near - county, state of-while in the employ of said railroad company.”
Plaintiff contended at the trial, and still insists, that this writing does not contain the complete contract. That it is incomplete on its face in that it does not state the monthly wages which he was to receive in his re-employment. The trial court took that view and admitted evidence over defendant’s protest that the further verbal agreement was that plaintiff was to receive $60 per month, and gave instructions in the same line.
“It is settled law that where a person contracts to do work to the satisfaction of his employer, the employer is the judge, and the question of the reasonableness of his judgment is not a question for the jury.” Koehler v. Bull, 94 Mich 496; Frary v. Rubber Co., 52 Minn. 264; Brown v. Foster, 113 Mass. 136. These cases are cited with approval in Blaine v. Knapp, 140 Mo. 241, an interesting case not like the present in its facts, but is believed, nevertheless, to fully sustain the view we have asserted. The same rule is an
The judgment must be reversed and the cause remanded.