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ing in the affirmation of the judgment of the court below. The facts appear in the opinion of the court as delivered by Judge Hammond, which is as follows:
The main questions are: First, what was the nature of the contract under which Hammack, the plaintiff's assignor, was at work at the time he received notice of his dismissal? and, second, what is the nature of the assignment?
1. The only written contract was that of February 15, 1906. By this contract the defendant agreed to employ Hammack, the plaintiff's assignor, for a period of one year from its date, and to pay him as salary $2,100 $ per year,” payable in equal monthly installments at the end of each month, and also to pay him a certain commission upon certain sales, “this commission to be paid quarterly, payable on the 20th day of the month succeeding the end of each quarter." It is further provided that, if this commission does not amount “to a net total of fourteen hundred dollars ($1,400) for the year," then the defendant is to make good such deficiency" to Hammack, “ payable in cash at the end of the year.” The last paragraph is in the following language: “ It is further agreed that in the event that either or both parties do not desire to renew this agreement at the time of its expiration that notice be given in writing of intention not to renew at least thirty (30) days prior to the expiration of this agreement." In short, this was a contract for one year from its date, at a yearly salary of $2,100, with an additional compensation of at least $1,400 as commissions for the year, with a provision that if either or both parties did not desire to renew it notice should be given thirty days prior to its expiration.
Hammack worked under the contract for the year. No notice of a desire not to renew was given by either party, and Hammack, after the expiration of the year, continued his work as before until October 30, 1907, when he was notified by the defendant that on account of financial conditions and the great decrease in business there would be a " discontinuance” of employment as to him on the next day. Thereupon letters passed between him and the defendant as to this matter; the former insisting that his contract was in force until Feb
uary 15, 1908, and the latter that the contract had terminated February 15, 1907. From the fact that no notice was given before the expiration of the first year the trial court had the right to infer that there was a disposition to renew the contract, and from the additional fact that Hammack without any other express arrangement, either written or oral, continued to work as before, with the full knowledge and approbation of the defendant, the court could properly in fer that it was the understanding of the parties that the contract was renewed. If renewed, then the new contract, like the old, was a contract of hiring for a year, with compensation for the year, to be paid quarterly as before, with the same right in either party to give notice within thirty days of its expiration that there was no further desire for renewal. Any other contract would not have been a "renewal” of the original contract. The evidence amply justified a finding that at the time the plaintiff was dismissed he was working under a contract for the year beginning February 15, 1907. (Dunton v. Derby Desk ('o., 186 Mass. 35, 71 X. E. 91, and cases cited; Maynard v. Royal Worcester Corset Co., 200 Mass. 1, 85 N, E. 877.) In this last case
there is a quite full discussion of the law bearing upon this subject, and we need only to refer to it for a statement of the underlying principles.
2. What is the nature of the assignment from Hammack to the plaintiff? It is dated January 4, 1908, which was some weeks before the expiration of the second year. At that time there was due llammack all arrears of salary and of commissions up to that time, and the second contract was still binding upon the defendant. Upon the breach of the contract by the defendant there were before Hammack at least two courses. He either could regard the contract as broken and at once sue for damages for the breach, or he could hold himself out as ready to work under it, wait until the expiration of the year, and then sue for compensation as fixed by the contract less reasonable deduction of what he could have earned. There was evidence that he intended to take the latter course, for he notified the defendant that he held himself subject to their working orders up to February 15, 1908. And although he testified that he endeavored to seek other employment, yet the trial judge could well find upon the evidence that he intended to hold the defendant as liable for the compensation by the terms of the contract, and not merely to sue thereon in damages for the breach,
Under these circumstances the assignment was made. It covers “ all claim which I now have or may hereafter have against [the defendant]
due me for services and commission as salesman,
whether such claim for services and commissions have accrued, or may hereafter accrue under the written agreement made by me with said company dated February 15, 1906, or under any oral renewal thereof." It does not purport to be an assignment for damages for breach of the contract. In a word it was simply an assignment of all sums then due under both contracts with whatever afterwards should become due for services and commissions (which were in the nature of future earnings) under the renewal contract which was then existing. Such an assignment is valid according to its terms. (Citizens' Loan Association *. Boston & Maine R. R., 196 Mass. 528, 82 V. E. 696, 14 L. R. A. (X. S.) 1023, 124 Am. St. Rep. 581, in cases cited.) It is to be noted also that the declaration in this case proceeds upon this theory as to the nature of the assig ment. It makes no claim except under the terms of the contract. The assignment of the sums due for services and commissions must be held to include also interest accrued or to accrue. It follows that the rulings requested were all properly refused.
INDEX TO BULLETIN No. 89.
Accidents, industrial, and workmen's compensation :
156, 176 Switzerland.
340, 346 Accidents, ind:astrial, employees injured by, in France
217 Age of admission to employment : Austria
5, 14, 32 Belgium
93, 94 France
241, 242, 246, 253, 272, 277 Italy
316, 317 Switzerland
342-344, 351, 359, 360, 364, 365 Age of admission, employment of children under : Austria
27, 33, 34 Belgium
115, 116 France
309, 310 Apprenticeship laws, cantonal, of Switzerland
4, 28-30 Belgium_
259, 260 Switzerland.
351-358 Austria : Age of admission to employment.--
5, 14, 32 Apprentices, regulations, etc., as to employment of
4, 28-30 Children employed industrially and number employed illegally
27 Children illegally employedat night
35 in dangerous or uphealthful occupations
36 under age of admission.
27, 33, 34 Continuous operations, regulations as to employment in.
10, 11, 17 Employees under 16 years of age in inspected establishments, 1897 to 1908. 25 Enforcement of child-labor laws.-
25-38 Factories, etc., regulations as to child labor.
14-17 Factory and workshop regulations
13, 14 History of child-labor legislation.
3-7 Hours of labor, regulations as to--
5, 6, 12, 13, 18 Hygiene and safety, regulations as to
12 Inspectors, labor, organization and work of.
21-38 Mines, regulations as to child labor in.
17-19 Nature and extent of child labor, discussion of
38--92 Night work, prohibition, etc., of_
5, 15, 16, 19, 28 Notices relative to provisions of law, etc., to be posted by employers.
6 Overtime work, regulations as to-
12, 13 Penalties for violation of child-labor laws.
20, 21 Prohibited occupations.
15, 18 Rest periods, regulations as to.
5, 12, 13 School attendance, regulations as to..
5, 6, 17, 20 School children at work
41-92 Sunday and holiday work, regulations as to
9-12 Violations of the child-labor laws, number of
27, 34, 35, 38 Wages of children.
44, 45, 51, 52, 61-63 Work books, certificates, etc., regulations as to.
14 Workday, maximum, and rest periods, regulations as to..
12, 13 Workshop and factory regulations.
13, 14 Belgium : Agencies for enforcing labor laws and decrees.
111-11.5 Age of admission to employment-
93, 94 Apprentices, regulations, etc., as to employment of
137 Children employed industrially
138-143 Children illegally employedovertime
133-133 under age of admission.
115, 116 without certificate or work book.
117, 118 Employees and establishments subject to labor laws
131 Enforcement of labor laws and decrees.
115-130 Home industries, extent of.
143 Hours of labor, regulations as to...
98-104 Hygiene and safety, regulations as to-
97-111 Mine employees, number of_
136 Nature and extent of child labor, discussion of_ Night work, prohibition, etc., of
130-143 Notices relative to provisions of law, etc., to be posted by employers
95, 96, 99, 103, 104, 135, 136 Overtime work, regulations as to-
96, 97 Penalties for violation of labor laws.
126 Prohibited occupations-“ Protected persons
104-107 in industry, number and per cent of
132-135 Rest periods, regulations as to
98-104, 110, 111 Sunday or holiday work, regulations as to
108-111 Violations of labor laws and decrees.
113-118 Wages of children.
142 Work books, certificates, etc., regulations as to..
96 Workday, maximum, and rest periods, regulations as toBoheniia, school children at work in.
98-104, 110, 111 Cantonal legislation in Switzerland affecting child labor, discussion of
79-84 (See also Classification of cantonal child-labor laws of Switzerland.)
347-372 Carniola, school children at work in ---
71-76 Certificates, work books, etc., regulations as to. (See Work books, certificates,
etc., regulations as to.) Child-labor legislation in Europe.
143-231 Germany Italy
313-326 Switzerland Children, illegal employment of.
320-413 (See Illegal employment of children.) Children industrially employed : Austria
138-143 France Germany
267, 300-304 Switzerland
396-400 Children, school, at work: Austria.
404-413 Children, wages of, in Belgium. Classification of cantonal child-labor laws of Switzerland
349-372 All employees, laws applying to.
350 Apprenticeship laws.
351-358 Female employees, special laws concerning
359-364 Hotel, tavern, and restaurant employees, special law for protection of
364-366 Nonadult employees, laws for protection of
351 Occupations dangerous to health, safety, or morals, laws concerning condi
tions of work in. School attendance, laws regulatingSunday work, laws regulating
367 Continuous operations, regulations as to employment in :
256 Courts, the, and the labor laws in France,
224-231 Decisions of courts affecting labor : Antitrust law of Mississippi--constitutionality--combinations in restraint of trade_boycotts
414-416 Combinations in restraint of trade--boycott
419-422 course of employment.
423-425, 426 428
at work in mines.
10, 11, 17
294, 298, 300_303
183, 222, 224
160-163, 172, 173, 198-206, 22:
155, 156, 175