enforcing employment contract lacking a price provision and recognizing rebuttable presumption that where no compensation amount is specified, the employer must pay for the employee's services at the rate being paid when the contract was executed
How later courts described this case
- enforcing employment contract lacking a price provision and recognizing rebuttable presumption that where no compensation amount is specified, the employer must pay for the employee's services at the rate being paid when the contract was executed
Written by the judges who cited it.
The opinion
ON PETITION TO REHEAR AND MODIFY
PURYEAR, Judge.
The defendant-appellant- has filed a petition seeking a partial rehearing and a modification of our decree affirming the trial Court by retaining the case in Court upon orders to the Clerk and Master to pay the complainant-appellee a certain portion of the recovery upon a monthly basis of $1,000.00 per month until further orders of the Court.
In said petition it is insisted that the defendant-ajJ-pellant should be given the right to apply at any time prior to expiration of the ten year contract of employment to show that the complainant-appellee had died or become disabled or had accepted other lucrative employment which would reduce the damages.
No precedent has been cited for such action by this Court and, in view of our Supreme Court’s holding-in East Tennessee, V. & G. Railroad Company v. Staub (1881), 75 Tenn. 397 , it is our opinion that we do not *596 have any authority to grant the relief sought in such petition.
Therefore, the petition for rehearing and modification is respectfully denied.
Shriver, P. J. (M.S.), and Todd, J., concur.