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Pollock v. the Art Institute

Appeals Court of Massachusetts
Jul 29, 1981
423 N.E.2d 1043 (Mass. App. Ct. 1981)

Opinion

July 29, 1981.

James R. DeGiacomo ( Joel M. Sowalsky with him) for the defendant.

Paul D. Gallese for the plaintiff.


We affirm the judgment on a jury verdict in favor of the plaintiff for $7,500. The sole question on appeal was whether it was error to deny the defendant's motion for a directed verdict.

1. Where the plaintiff testified, "My employment was from September through August 31," and that he received a salary of $30,000 a year, there was sufficient evidence to go to the jury on the question whether his contract of employment was at will or from year to year. Maynard v. Royal Worcester Corset Co., 200 Mass. 1, 4-5 (1908). Frati v. Jannini, 226 Mass. 430, 433 (1917). Larson v. Jeffrey-Nichols Motor Co., 279 Mass. 362, 364-365 (1932). Mahoney v. Hildreth Rogers Co., 332 Mass. 496, 498-499 (1955). See Annot., 93 A.L.R.3d 659, 675-677 (1979).

2. Similarly, in light of the plaintiff's steadfast denial that he had ever agreed to an accord and satisfaction in accepting pay for the period from February, 1976, the date of his cessation of work, until May, 1976 (see Wilmot v. Mudge, 103 U.S. 217, 219 [1880] [accord and satisfaction requires voluntary assent]), the judge could not properly have precluded the jury from considering that question. See Murray v. Grossman, 289 Mass. 217, 221 (1935). There was no evidence of the plaintiff's involvement in the Institute's decision to permit his daughter to attend the Institute tuition free so as to amount to accord and satisfaction.

Judgment affirmed.


Summaries of

Pollock v. the Art Institute

Appeals Court of Massachusetts
Jul 29, 1981
423 N.E.2d 1043 (Mass. App. Ct. 1981)
Case details for

Pollock v. the Art Institute

Case Details

Full title:WINSLOW F. POLLOCK vs. THE ART INSTITUTE OF BOSTON

Court:Appeals Court of Massachusetts

Date published: Jul 29, 1981

Citations

423 N.E.2d 1043 (Mass. App. Ct. 1981)
423 N.E.2d 1043

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