Contracts Keyed to Summers
Posner v. Seder
Samuel Seder and others (Defendants) hired Jacob Posner (Plaintiff) to work for one year at a rate of $17 per week. Plaintiff was required to work regular hours each day and occasionally work overtime. The contract did not entitle Plaintiff to additional pay for weeks in which he worked overtime. Defendant breached the contract by letting Plaintiff go. Plaintiff regarded Defendant’s actions as an indication of intent to repudiate the contract. Plaintiff accepted the repudiation and sued to recover the reasonable value of his overtime hours. The trial court found in favor of Plaintiff. Defendant appealed.
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