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 February 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 infer 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 Co., 186 Mass. 35, 71 N. 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 Hammack 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] salesman, * * * * * due me for services and commission as ** 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 N. E. 696, 14 L. R. A. (N. S.) 1025, 124 Am. St. Rep. 584, 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 assignment. 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: Regulations as to France Switzerland. Accidents, industrial, employees injured by, in France_ Age of admission to employment: Age of admission to employment- Apprentices, regulations, etc., as to employment of Page. 156, 176 340, 346 217 5, 14. 32 93, 94 153 241, 242, 246, 253, 272, 277 316, 317 342-344, 351, 359, 360, 364, 365 Children employed industrially and number employed illegally. at night in dangerous or unhealthful occupations.. under age of admission. Continuous operations, regulations as to employment in. Employees under 16 years of age in inspected establishments, 1897 to 1908 Enforcement of child-labor laws- Nature and extent of child labor, discussion of. Night work, prohibition, etc., of. Notices relative to provisions of law, etc., to be posted by employers. 5, 6, 12, 13, 18 12 21-38 17-19 38-92 5, 15, 16, 19, 28 6 12. 13 20, 21 15, 18 5, 12, 13 Wages of children. Workday, maximum, and rest periods, regulations as to- Belgium: Agencies for enforcing labor laws and decrees. Age of admission to employment.. Apprentices, regulations, etc., as to employment of. Children employed industrially- Children illegally employed- overtime under age of admission_ without certificate or work book. Employees and establishments subject to labor laws. Home industries, extent of.. Enforcement of labor laws and decrees. Hours of labor, regulations as to- Hygiene and safety, regulations as to--- 5, 6, 17, 20 41-92 9-12 27, 34, 35, 38 44, 45, 51, 52, 61--63 14 12. 13 13, 14 111-115 93, 34 137 138-143 133-135 115, 116 117, 118 131 115-130 143 98-104 113 437 Certificates, work books, etc., regulations as to. Belgium-Concluded. Inspectors, labor, organization and work of-- Law of 1889, legislative and administrative modification of the. Nature and extent of child labor, discussion of Notices relative to provisions of law, etc., to be posted by employers. Penalties for violation of labor laws. Workday, maximum, and rest periods, regulations as to Bohemia, school children at work in. Cantonal legislation in Switzerland affecting child labor, discussion of (See also Classification of cantonal child-labor laws of Switzerland.) Carniola, school children at work in_____ etc., regulations as to.) Child-labor legislation in Europe Austria Page. 111-115 97-111 136 130-143 95, 96, 99, 103, 104, 135, 136 96.97 95.96 126 104-107 132-135 98-104, 110, 111 108-111 115-118 142 96 98-104, 110, 111 79-84 347-372 71-76 (See Work books, certificates, 1-413 3-92 93-143 France 143-231 Italy Germany Switzerland Children, illegal employment of. (See Illegal employment of children.) Austria Belgium 231-312 313-326 326-413 27 138-143 Hotel, tavern, and restaurant employees, special law for protection of. Occupations dangerous to health, safety, or morals, laws concerning condi School attendance, laws regulating. Sunday work, laws regulating Continuous operations, regulations as to employment in: 41-92 404-413 137. 142 349-372 350 351-358 359-364 364-366 351 366, 367 367-372 367 Antitrust law of Mississippi-constitutionality-combinations in restraint of trade-boycotts 171 256 224-231 414-416 414-416 432-436 fellow servants-liability of foremen-course of employment_ consideration--release of claim for damages-breach_ reduction of rank as violation-duty of employee to seek other employ employment of women-constitutionality of statute of Illinois-police statute 426-428 432, 433 433, 434 434-436 419-422 416-419 416-419 commerce-federal statute-construc 422, 423 428-430 Austria Railroads--safety appliances-commerce-state regulation. Sunday labor-recovery of compensation for contracts to be performed on Employees, number of: railroads -violation of statute by employees as affecting claims for 430, 431 431, 432 under 16 years of age in inspected establishments, 1897 to 1908---- Switzerland- per cent 14 to 18 years of age, 1888, 1895, and 1901. under 18 years of age, and per cent in factories of the second federal Page. 183, 222-224 180 217 182 299 294, 298, 300-303 397 396 399, 400 397 working over or under sixty hours per week, per cent, in the first federal 399 working specified hours per week, per cent, in the first federal inspec- Employment of children and of females, establishments in which the, is author- Employment, illegal, of children. (See Illegal employment of children.) Austria. Belgium France Germany. 155 248 340 166-171 27 138-143 Switzerland. Enforcement of child-labor laws: 182-184, 218-224 Europe, child-labor legislation in. (See Child-labor legislation in Europe.) Austria. Belgium France Germany. 25-38 115-130 186-224 295-312 372-395 38-92 130-143 180-221 295-312 395-413 Switzerland. Factory and workshop regulations in Austria__ Factories, etc., regulations as to child labor in, in Austria. Federal legislation in Switzerland affecting child labor, discussion of. Day of rest for children and women, violations of law providing. 214 180 Employees, nonadult, in establishments subject to inspection. 182 Employment of children and women in certain kinds of work, violation of Establishments in which employment of children and of females Industries in which maximum workday for children and females may be |