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Posner v. Seder
Massachusetts Supreme Judicial Court
68 N.E. 335 (1903)
- Written by Sara Rhee, JD
Facts
Samuel Seder and others (defendants) (Seder) hired Jacob Posner (plaintiff) to work for one year at a rate of $17.00 per week. Posner was required to work regular hours each day and occasionally work overtime. The contract did not entitle Posner to additional pay for weeks in which he worked overtime. Seder breached the contract by letting Posner go. Posner regarded Seder’s actions as an indication of intent to repudiate the contract. Posner accepted the repudiation and brought suit to recover the reasonable value of his overtime hours. The trial court found in favor of Posner. Seder appealed.
Rule of Law
Issue
Holding and Reasoning (Hammond, J.)
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