What is the legal test for a contract where a party agrees to be a foreman at a salary of £2 per week and a house to live in?
Saskatchewan, Canada
The following excerpt is from Dickenson v. R.M. of Stonehenge, No. 73, 1919 CanLII 109 (SK CA):
In Evans v. Roe (1872) L.R. 7 C.P. 138, 26 L.T. 70, the plaintiff agreed to accept the position of foremen in the defendant’s works at a salary of £2 per week and a house to live in. This was held to be a weekly hiring. It was also held in that case that evidence of a conversation at the time of the signing of the contract, tending to show that a hiring for a year was intended, was not admissible. It is clear in that case that the parties did not contemplate that the plaintiff should be the foreman for one week only. What they contemplated was that the plaintiff’s services as foreman should continue from week to week. Yet it was held to be a weekly hiring.
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