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Contracts Keyed to Templin
Alaska Packers’ Ass’n v. Domenico et al.
Citation:
117 F. 99 (9th Cir. 1902)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
In March 1900, Plaintiffs entered into a written contract with Defendants agreeing to go from San Francisco to Pyramid Harbor, Alaska, to work for the fishing season of 1900 at Pyramid Harbor as sailors and fishermen. By the terms of the agreement, Defendant was to pay each of the Plaintiffs $50 for the season and two cents for each red salmon in the catching of which they took part. Then in April 1900, 21 of the Plaintiffs signed another contract agreeing to perform the same work provided for in the March contract but for the sum of $60 for the season and two cents for each red salmon in the catching of which they took part. Then in May 1900, Plaintiff stopped work and demanded Plaintiff the sum of $100 for services and that unless they were paid the additional wage, they would stop work entirely and return to San Francisco. It was impossible for Defendant to get other men to take the place of Plaintiff, with Pyramid Harbor being so remote that the season is short and just opening. So, Defendant yielded to Plaintiff’s demands. But upon the return of Plaintiffs, Defendant denied the validity of the May contract and refused to pay the sum of $100 for the season.
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