Kelly v. Great Lakes Dredge & Dock Co., 203 Ill. App. 207 (1917)

Jan. 8, 1917 · Illinois Appellate Court · Gen. No. 22,262
203 Ill. App. 207

Owen Kelly, Defendant in Error, v. Great Lakes Dredge & Dock Company, Plaintiff in Error.

Gen. No. 22,262.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph Z. Uhlib, Judge, presiding. " Heard in this court at the March term, 1916.

Reversed and judgment of nil capiat and for costs entered here.

Opinion filed January 8, 1917.

Statement of the Case.

Action by Owen Kelly, plaintiff, against Great Lakes Dredge & Dock Company, a corporation, defendant, to recover for breach of a contract of employment. From a judgment for plaintiff for $488.20, defendant brings error.

Montgomery, Hart, Smith & Steers, for plaintiff in error.

John J. Lupe, for defendant in error.

Mr. Justice Holdom

delivered the opinion of the court.

*208Abstract of the Decision.

Master and servant, § 3 * —when contract of employment is unilateral and unenforceable. A contract of employment under which the employer is bound to use the services of the employee for a specified term but the employee has the right to quit work at any time he sees fit is unilateral, lacking in mutuality, and is consequently unenforceable.