Page:North Dakota Reports (vol. 2).pdf/249

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FULLER v NORTHERN PACIFIC ELEVATOR CO.
223

was false, although he testified to it on the stand prior to the production of the letters. He also testifies that the agent said he thought the books would be returned, though for what purpose is not apparent. He also testifies generally that he was not discharged, but that is a conclusion which the law will draw from what was said and done, Plaintiff does not claim to have performed any specific work for defendant after that time, but says he was ready and willing to work. No specific words were necessary to constitute a discharge. If by what defendant said and did it intended to discharge plaintiff, and plaintiff so understood it, that was enough, and all that could be accomplished by any language. This plaintiff was hired for an indefinite time for the purpose of buying and receiving and shipping wheat for defendant at a certain elevator. By the action of the agent he was left without a penny to purchase wheat, without a book in which to record a transaction, and there was practically no wheat in the country to be purchased, and he knew it. The agent told him he came to close the house. It is difficult to conceive how he could have had a more emphatic notification that the defendant no longer required his services as a wheat buyer at that station. That he did so understand it is perfectly clear from what followed. Prior to that time he had been required to forward to the home office what were called daily reports. After that he made no such reports, nor were any required of him. Prior to that time he had received his salary promptly at the end of every month. After that time he received no salary, nor did he ask for any, or in any manner mention the subject of salary until after the year had expired, when, without asking for any explanation and without any salary having been refused, he demanded five months’ pay, and accompanied his demand with a threat to sue, this furnishing strong evidence that he expected his claim to be denied; and upon what possible ground could he expect such denial, except that he understood the defendant to consider him discharged? Some time during the season he bought that scattered car-load of wheat in his own name, and shipped it in his own name, consigned to defendant, and it was sold on his account, and an account of sale rendered to him. Giving the broadest scope to plain-