Hamill v. Foute

Bartol, C. J., delivered the opinion of the Court. The appellants were manufacturers and sellers of Britannia and silver plated ware in the City of Baltimore. ⁴²⁷ By a written contract dated the 10th day of May, 1877, made by them with the appellee, they agreed to employ him as their travelling agent and salesman, for the term of twelve months, accounting from the date of the contract, upon the terms stated in the written agreement (ante p. 420.) The appellee entered upon the performance of his duties under the contract, made one trip through the Southern States, which occupied about nine weeks. On his return in July 1877, the appellants not being satisfied with the results of his trip, refused to continue him longer in their employ as travelling agent and salesman; and this suit was brought to recover damages for the alleged breach of the contract by the appellants. After the evidence on both sides had been given, three prayers were offered on the part of the appellee, all of which were granted; and the appellants asked four prayers, of which the second Avas granted and the others refused; they excepted, and the verdict and judgment being against them, have appealed.

The questions for our consideration arise upon the prayers. Those offered by the defendants which were rejected will first be considered. 1st. Their first prayer asserts the proposition, that under the written contract, the defendants Avere not required to keep the plaintiff travelling for the Avhole period of twelve months, but only for so much of said time and for such seasons as the defendants might determine, and that the defendants were not required to pay the expenses of board and living for the plaintiff, except whilst he was actually engaged in travel-ling as their agent and salesman. This prayer we think is based upon a misconstruction of the contract.

The employment was for twelve months, and the obligation of the defendants was to pay for that period the sum of $8 per week, and the travelling expenses of the plaintiff. The contract contains no stipulation reserving to the de ⁴²⁸ fendants the right to suspend or discontinue at pleasure, the employment of the plaintiff in the business in which he was engaged; nor is there any stipulation that the compensation agreed on shall be suspended or changed in whole or in part during the period embraced in the contract. This compensation as fixed by the contract was $8 per week and the plaintiff’s travelling expenses, which last embraced the cost of his board as well as the cost of his transportation, such as fare on the railways, &c. These last expenses would not of course be incurred, when the plaintiff was not actually travelling; but his board bills the defendants were bound to pay for the whole period of time mentioned in the contract.

This prayer was therefore properly