 | Alabama. Supreme Court - Law reports, digests, etc - 1888 - 714 pages
...narged from his employment without cause, before the expinttion of the stipulated term, ho may (1) treat the contract as rescinded, and sue on a quantum meruit for the services performed ; or (2) sue for an entire breach of contract, and recover all damages suffered... | |
 | Law reports, digests, etc - 1920 - 2100 pages
...fully performing the contract by reason of the wrongful act of the other party, may, at his election, treat the contract as rescinded and sue on a quantum meruit for the reasonable value of the work done and materials furnished in partial performance of the contract;... | |
 | Law reports, digests, etc - 1887 - 844 pages
...which he was hired, and then sue for his entire wages, and in many cases it has been contended that he may treat the contract as rescinded, and sue on a quantum meruit for the work actually performed: Cutler v. Powell, 2 Smith's Lead. Gas. 36. But he must make his election,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1889 - 1002 pages
...had the option of one of three remedies, if the discharge was wrongful: 1. He could have elected to treat the contract as rescinded, and sue on a quantum meruit for any labor he may have performed; 2. He could have sued at once for an entire breach of the contract... | |
 | Floyd Russell Mechem - Agency (Law) - 1893 - 810 pages
...had the option of one of three remedies, if the discharge was wrongful. 1. He could have elected to treat the contract as rescinded, and sue on a quantum meruit for any labor he may have performed. 2. He could have sued at once for an entire breach of the contract... | |
 | Locomotives - 1899 - 822 pages
...wrongful discharge before the exiration of his contract, a servant may either sue for the breach, or treat the contract as rescinded and sue on a quantum meruit for services actually rendered, but cannot sue for wages for the unexpired term. In the case of the Kansas City, Pittsburg and Gulf... | |
 | Floyd Russell Mechem - Damages - 1902 - 788 pages
...had the option or one of three remedies if the discharge was wrongful: (1) He could have elected to treat the contract as rescinded, and sue on a quantum meruit for any labor he may have performed; (2) he could have sued at once for an entire breach of the contract... | |
 | Arizona. Supreme Court - Law reports, digests, etc - 1905 - 544 pages
...remedies: 1. He may treat the contract as continuing and recover damages for the breach thereof; or 2. He may treat the contract as rescinded, and sue on a quantum meruit for services actually rendered. He cannot maintain an action for his wages or salary except for past services performed. (Old Dominion... | |
 | M. E. Dunlap (Counsellor at law) - Law - 1905 - 620 pages
...discharge a servant can, of course, sue for sums actually earned and due by terms of the contract. He may treat the contract as rescinded and sue on a quantum meruit for the value of his services. Again, the servant may treat the contract as continuing and sue for a breach,... | |
 | Law reports, digests, etc - 1907 - 1164 pages
...prevents an employé from discharging his duties under his contract with his employer, such employé may treat the contract as rescinded, and sue on a quantum meruit for the reasonable value of the services performed. This we have seen Is correct as a proposition of law.... | |
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servant [is] unlawfully discharged [he] may treat the contract as rescinded and sue on a quantum meruit for services actually rendered, or he may bring his action for damages for breach of contract. 
