Allen v. Whitlark

Michigan Supreme Court

Allen v. Whitlark

58 N.W. 470, 99 Mich. 492, 1894 Mich. LEXIS 727

CourtMichigan Supreme Court

DecidedMarch 27, 1894

StatusPublished

Cited by4 cases

This text of 58 N.W. 470 (Allen v. Whitlark) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Whitlark, 58 N.W. 470, 99 Mich. 492, 1894 Mich. LEXIS 727 (Mich. 1894).

Pincite

Opinion

Hooker, J.

The only question in this case is whether the burden of proof is upon plaintiff or defendant to show what, if any, effort was made by a wrongfully discharged servant to obtain employment during the remainder of the period for which he was hired, in a case where the servant brings an action for breach of the contract. The case is ruled by Farrell v. School-District, 98 Mich. 43, which holds that it is upon the defendant.

The judgment of the circuit court will be reversed, and that of the justice affirmed, with costs of all courts.

McGrath, C. J., Grant and Montgomery, JJ., concurred. Long, J., did not sit.

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Hooker, J.

The only question in this case is whether the burden of proof is upon plaintiff or defendant to show what, if any, effort was made by a wrongfully discharged servant to obtain employment during the remainder of the period for which he was hired, in a case where the servant brings an action for breach of the contract. The case is ruled by Farrell v. School-District, 98 Mich. 43, which holds that it is upon the defendant.

The judgment of the circuit court will be reversed, and that of the justice affirmed, with costs of all courts.

McGrath, C. J., Grant and Montgomery, JJ., concurred. Long, J., did not sit.

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Bluebook (online)

58 N.W. 470, 99 Mich. 492, 1894 Mich. LEXIS 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-whitlark-mich-1894.

Opinion

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