Baldwin Fertilizer Co. v. Cope

Supreme Court of Georgia

Baldwin Fertilizer Co. v. Cope

35 S.E. 316, 110 Ga. 325, 1900 Ga. LEXIS 426

CourtSupreme Court of Georgia

DecidedMarch 2, 1900

StatusPublished

Cited by4 cases

This text of 35 S.E. 316 (Baldwin Fertilizer Co. v. Cope) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baldwin Fertilizer Co. v. Cope, 35 S.E. 316, 110 Ga. 325, 1900 Ga. LEXIS 426 (Ga. 1900).

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Opinion

Simmons, C. J.

In the trial of an action for the breach of a contract wherein it is stipulated that the employer is to give the employee sixty days’ trial, beginning at a certain day, and at the end of the trial to give him a year’s employment, dating from the commencement of the trial, provided the employee’s services “ have proved satisfactory,” it is error to instruct the jury in substance that notice of dissatisfaction must have been given within the sixty days. The employer is entitled to a reasonable time after the expiration of the sixty days to give this notice. What is a reasonable time is a question to be passed upon by the jury in the light of the facts of this particular case. Judgment reversed.

All the Justices concurring.

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Simmons, C. J.

In the trial of an action for the breach of a contract wherein it is stipulated that the employer is to give the employee sixty days’ trial, beginning at a certain day, and at the end of the trial to give him a year’s employment, dating from the commencement of the trial, provided the employee’s services “ have proved satisfactory,” it is error to instruct the jury in substance that notice of dissatisfaction must have been given within the sixty days. The employer is entitled to a reasonable time after the expiration of the sixty days to give this notice. What is a reasonable time is a question to be passed upon by the jury in the light of the facts of this particular case. Judgment reversed.

All the Justices concurring.

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Bluebook (online)

35 S.E. 316, 110 Ga. 325, 1900 Ga. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-fertilizer-co-v-cope-ga-1900.

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