''Britton v. Turner'', 6 N.H. 481 (1834), was a case decided by the

Supreme Court of New Hampshire The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate ...

that marked one of the first appearances of the

contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

concept of guilty party restitution.

Factual background

The plaintiff made a one-year employment contract with the defendant for labor for one year, from some time in March 1831 to some time in March 1832. The employment contract specified that the plaintiff would be paid $120 at the end of the contract period. The plaintiff voluntarily left his employment on December 27, 1831. The defendant refused to pay the plaintiff, and the jury in the Court of Common Pleas awarded the plaintiff $95. The defendant appealed the jury verdict.

Decision

The Supreme Court of New Hampshire upheld the jury verdict. The Court reasoned that barring the plaintiff from recovering for the work that he had done presented a disproportionate forfeiture. If the Court did not allow restitution, the employer using a similar contract would be motivated to drive away the employee by mistreatment at the end of the employment period to avoid paying anything. The Court determined that such an employment contract should be viewed as accepting part performance day by day and that the employer should compensate for the benefit received.Ayres & Speidel, p. 858

References

{{United States contract case law United States contract case law 1834 in United States case law New Hampshire state case law 1834 in New Hampshire