SAVANNAH, FLORIDA AND WESTERN RAILWAY COMPANY, PLAINTIFF IN ERROR,
v.
WILLIAM E. WILLETT, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a trial court's denial of a demurrer in an employment contract case, holding that a declaration alleging employment without specifying its duration or term fails to state a cause of action because it describes an at-will employment relationship.
A declaration must allege every fact essential to a right of action. Where a declaration alleges employment without specifying its duration or terms, it describes an at-will employment relationship, and no action can be maintained for breach of an employment contract unless there is some stipulation as to the length of time for which employment shall continue.
“A declaration upon which a plaintiff founds his right of recovery must allege every fact that is essential to his right of action.”
Establishes the fundamental pleading requirement that all essential elements of a cause of action must be alleged
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Join FLexlaw to unlock all legal intelligenceThe plaintiff Willett alleged he was agreed to be employed by the defendant railroad company as a conductor. The declaration stated that 'the defendan…
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Hocker, C.,
(After'stating the facts.)
The demurrer ,to the declaration contained, among others, the grounds, first, that such facts as are necessary to a recovery are not stated,“ fourth, that the terms of employment, whether by the'day, year or any other specified time, are'not stated; fifth, that it is not stated whether the plaintiff was to be paid monthly, quarterly or yearly. These grounds present the question upon which the case will be disposed 1 of.
A declaration ''upon which ¡a plaintiff founds 'his right of recovery must allege every fact that is essential to his right of action. South Florida Tel. Co. v. Maloney, 34 Fla. 338, 16 South. Rep. 280. The declaration, while alleging that plaintiff “was agreed to be employed by the proper officer of the defendant corporation,” and that “the defendant informed the plaintiff that it could give him employment as conductor,” no where states the duration of his employment, nor are^the facts alleged sufficient to infer it. 'From the allegations in the declaration it must be taken as an employment -at will, terminable by either party. No action can be maintained for the breach of a contract to employ, .unless there is some stipulation as to the length of time for which the employment shall continué. Blaisdel v. Lewis, 32 Maine 515; De Briar v. Minturn, 1 Cal. 450. If a term of employment be discretionary with either party, or be indefinite, either party may terminate it at any time. Wood’s Law of Master & Servant (2nd ed.) 133; also Ibid. §81; Water Commissioners of Jersey City v. Brown, 32 N. J. Law 504; Shaw v. Woodbury Glass Works, 52 N. J. Law, 7, 18 Atl. Rep. 696.
The order of the court overruling the demurrer to the decision was erroneous. The judgment is reversed dnd the cause remanded.
Maxwell, C., and Glen, C., concurred.
Per Curiam.
The foregoing opinion 'has been examined by the court and is hereby approved and adopted and ordered to b'e hied as the opinion of the court in 'said cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Hazen v. Cobb, 96 Fla. 151 (Fla. 1928)…gth of time, such contract lacks mutuality as to the duration of the employment, and the employer may terminate at any time. 18 R. C. L. 512; Price v. Western Loan Co. 35 Utah, 379, 100 Pac. R. 677. See also S. F. & W. R. Co. v. Willett, 31 So. 246, 43 Fla. 311. However, where the contract of employment is for a definite term, if it provides that the services are to be performed to the satisfaction of the employer, it may be terminated by him at any time that he in good faith becomes dissatisfied with the…
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Milligan v. Keyser, 52 Fla. 331 (Fla. 1906)…stating the facts) : A declaration in an action at law should allege distinctly every fact that is essential to the plaintffs’ right of action. South Florida Tel. Co. v. Maloney, 34 Fla. 338, 16 South. Rep. 280; Savannah, F. &. W. R. Co. v. Willett, 43 Fla. 311, 31 South, Rep. 246; Bennettt v. Herring, 1 Fla. 387. Where an action is brought to recover damages for the breach of an executory contract containing mutual undertakings, and' those on the part of the plaintiffs are to be performed before the defe…
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Hope v. Nat'l Airlines, Inc., 99 So. 2d 244 (Fla. 3d DCA 1957)…time which is the life of the corporation. Such damages would be so speculative as to render them impossible of determination. If the period of employment be indefinite, either party may terminate it at any time. Savannah F. & W. Ry. Co. v. Willett, 43 Fla. 311, 31 So. 246; Knudsen v. Green, 116 Fla. 47, 156 So. 240; Wynne v. Ludman Corp., Fla.1955, 79 So. 2d 690. In the absence of a» affirmative allegation of employment for a definite duration, the airline, only, appears to be bound. Certainly the appell…
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- S. Fla. Tel. Co. v. Maloney, 34 Fla. 338 (Fla. 1894)