Posner v. Seder

Supreme Judicial Court of Massachusetts

68 N.E. 335 (1903)

Relevant factsFree

Posner (plaintiff) worked for Seder (defendant) under a one-year contract at $17 per week that required regular hours plus occasional overtime with no extra pay specified; after Seder let Posner go, Posner treated this as repudiation, accepted it, and sued in quantum meruit -- but sought recovery only for the value of his uncompensated overtime hours, treating the $17 weekly rate as fully covering his regular hours. The trial court ruled for Posner, and Seder appealed.

IssueFree

Whether a party injured by a repudiated contract may recover the reasonable value of his services as if the contract had never existed.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Start free Log in