STARK V. PARKER
19 Mass 267 (1824)
NATURE OF THE CASE: The Court of Common Pleas rendered judgment for Stark (P) in his
action of indebitatus assumpsit to recover the balance due for services rendered on Parker's
(D) farm, D filed exceptions to a jury instruction.
FACTS: P was hired to work on D's farm for one year for a stipulated sum. P quit his
employment without reason before the year was over without D's consent. P then sued for the
services he had rendered, arguing that because D had already paid part of the amount owed,
he could sue for the services performed. D objected to a jury instruction that allowed P to
recover if the sum owed to him exceeded the amount by which D was damaged by P's desertion.
The lower court found for P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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