POSNER V. SEDER
68 N.E. 335 (1903)
NATURE OF THE CASE: Seder (D) appealed a judgment, which found in favor of Posner (P) in
P's wrongful termination action.
FACTS: P and D entered into a contract for D to employ P for one year and pay him $17 a
week. P was to report at the shop for duty at 6.30 A.M. and remain there on duty until 6
P.M. with an hour for lunch. P was to also work overtime at said shop . . . not more than
two hours in one day and not more than two months in the aggregate for the year without pay.
D discharged P. P accepted D's repudiation of the contract and sued to recover the
reasonable value of his overtime hours. The trial court gave the judgment to P and D
appealed. P contends that the $17 was payment for only the time between 6.30 A.M. and 6 P.M.
and not for the extra time. Ds contend that the $17 was a payment for the services of the
week whatever they were and that P has been fully paid and so cannot recover.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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