Sperling v. Terry

Prescott, J., delivered the opinion of the Court. Allen A. Sperling feels aggrieved by rulings of the trial court: his motion for a summary judgment was denied; and the court construed a written contract between him and the appellee, and instructed the jury that such construction was binding upon them. In 1955, Sperling was about to start the erection of a dwelling. He needed someone to supervise the building operation as it progressed.

As a result, the following contract was drafted by the appellant, upon appellee’s request for a written contract, and signed by both parties: “This agreement, made this 22nd day of November, 1955, between Hazen C. Terry and Allen A. Sperling, whereby it is mutually agreed that Hazen C. Terry will supervise and work on the construction of a private dwelling for Allen A. Sperling, located in Springbrook Forest, Silver Spring, Maryland, all labor and materials to be furnished by Allen A. Sperling. Hazen C. Terry shall work on a five-day, forty-hour week basis unless otherwise agreed by the parties. His compensation shall be at the rate of one hundred fifty dollars ($150) weekly, which is to be regarded as an independent contrac ³⁶⁹ tor’s fee, no payroll deductions to be made therefrom. “Signed Hazen C. Terry “Signed Allen A. Sperling” The appellee began work under this contract on December 3, 1955, and continued working until March 16, 1956, when he was discharged by the appellant, with the house not completed. The appellee sued the appellant for the amount he would have earned had his services been retained until the completion of the house, contending that the contract gave him the right to perform until the house was completed.

The appellant counterclaimed for damages allegedly resulting from appellee’s unsatisfactory performance of his work; and further contended that the contract did not bind either party for any fixed period of time, but that the appellee was free to discontinue work at any time, and the appellant was at liberty to discharge the appellee at will, without cause. The court denied a motion for a summary judgment made by the appellant at the close of the appellee’s case, and charged the jury that, as a matter of law, the contract bound the appellant to retain the appellee on the job until its completion, as long as the