Roguish Lawyer
01-12-2005, 20:14
http://lawprofessors.typepad.com/contractsprof_blog/2005/01/george_washingt.html
George Washington and the drunken gardener
The Father of Our Country dealt with a lot of troublesome things in his time, but one of them—as has sometimes been the case for other employers—was the drinking habits of an employee.
Here, courtesy of Joe Perillo (Fordham), is an employment contract between George Washington and one of his gardeners, one strikingly reminiscent of the classic case of Clark v. West:
AGREEMENT WITH PHILIP BATER
April 23, 1787.
Articles of Agreement made this twelveth day of April Anno Domini one thousand seven hundred and eighty seven, by and between George Washington Esqr. of the Parish of Truro, in the County of Fairfax, State of Virginia, on the one part, and Philip Bater, Gardner, on the other Witness, that the said Philip Bater, for and in consideration of the covenants herein, hereafter, mentioned, doth promise and agree to serve the sd. George Washington, for the term of one year, as a Gardner, and that he will, during said time, conduct himself soberly, diligently and honestly, that he will faithfully and industriously perform all, and every part of his duty as a Gardner, to the best of his knowledge and abilities, and that he will not, at any time, suffer himself to be disguised with liquor, except on the times hereafter mentioned.
In Consideration of these things being well and truly performed on the part of the sd. Philip Bater, the said George Washington doth agree to allow him (the sd. Philip) the same kind and quantity of provisions as he has heretofore had; and likewise, annually, a decent suit of clothes befitting a man in his station; to consist of a Coat, Vest and breeches; a working Jacket and breeches, of homespun, besides; two white Shirts; three Check Do; two pair of yarn Stockings; two pair of Thread Do; two linnen Pocket handkerchiefs; two pair linnen overalls; as many pair of Shoes as are actually necessary for him; four Dollars at Christmas, with which he may be drunk 4 days and 4 nights; two Dollars at Easter to effect the same purpose; two Dollars also at Whitsontide, to be drunk two days; A Dram in the morning, and a drink of Grog at Dinner or at Noon.
For the true and faithful performance of all and each of these things the parties have hereunto set their hands this twenty third day of April Anno Domini 1787.
George Washington and the drunken gardener
The Father of Our Country dealt with a lot of troublesome things in his time, but one of them—as has sometimes been the case for other employers—was the drinking habits of an employee.
Here, courtesy of Joe Perillo (Fordham), is an employment contract between George Washington and one of his gardeners, one strikingly reminiscent of the classic case of Clark v. West:
AGREEMENT WITH PHILIP BATER
April 23, 1787.
Articles of Agreement made this twelveth day of April Anno Domini one thousand seven hundred and eighty seven, by and between George Washington Esqr. of the Parish of Truro, in the County of Fairfax, State of Virginia, on the one part, and Philip Bater, Gardner, on the other Witness, that the said Philip Bater, for and in consideration of the covenants herein, hereafter, mentioned, doth promise and agree to serve the sd. George Washington, for the term of one year, as a Gardner, and that he will, during said time, conduct himself soberly, diligently and honestly, that he will faithfully and industriously perform all, and every part of his duty as a Gardner, to the best of his knowledge and abilities, and that he will not, at any time, suffer himself to be disguised with liquor, except on the times hereafter mentioned.
In Consideration of these things being well and truly performed on the part of the sd. Philip Bater, the said George Washington doth agree to allow him (the sd. Philip) the same kind and quantity of provisions as he has heretofore had; and likewise, annually, a decent suit of clothes befitting a man in his station; to consist of a Coat, Vest and breeches; a working Jacket and breeches, of homespun, besides; two white Shirts; three Check Do; two pair of yarn Stockings; two pair of Thread Do; two linnen Pocket handkerchiefs; two pair linnen overalls; as many pair of Shoes as are actually necessary for him; four Dollars at Christmas, with which he may be drunk 4 days and 4 nights; two Dollars at Easter to effect the same purpose; two Dollars also at Whitsontide, to be drunk two days; A Dram in the morning, and a drink of Grog at Dinner or at Noon.
For the true and faithful performance of all and each of these things the parties have hereunto set their hands this twenty third day of April Anno Domini 1787.