New York Court of Appeals

George Milage, Respondent v. Charles E. Woodward, Appellant

October 23, 1906186 N.Y. 252

Summary

The Court affirmed the judgment awarding the plaintiff the full contract price of $240, holding that the employer bears the burden of proving the employee could have obtained comparable work after wrongful discharge. The plaintiff was not required to affirmatively show he sought other employment, and the oral agreement alleged by the defendant was merged into the written contract. Consequently, the breach entitled the plaintiff to the stipulated damages.