Posner v. Seder

68 N.E. 335 (1903)

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Nature of the Case

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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.