The tale of the broken contract

BEFORE the Sheriff Clerk at Alloa on Friday 29th May 1868, John Hogg, a labourer at the Glenochil Distillery in Menstrie, stood in the dock, accused of wilfully neglecting his work with the McNab brothers, thereby failing to fulfil his contract.

Hogg, from Tullibody, was defended by solicitor Mr R O Arnot, who claimed that no contract or agreement had been made, and there was no case to answer.

One of the witnesses called was James Forsyth, the clerk at Glenochil. He said that an agreement had been made and Hogg had consented to work from Martinmas 1867 until Martinmas the following year.

Mr Arnot believed no such contract was entered into as it was temporary employment with wages paid weekly. Hogg began work the week before the term, and supposed it was for 12 months from that date. He went on that Hogg did not want to commit himself to 12 months as the wages of 12s a week was too little to support his family.

Forsyth pointed to the engagement book and showed a letter addressed to the company, asking if that was his handwriting, to which Hogg replied it was, but he said that he had no idea that he was to be contracted to a year’s work. This was his resignation dated 13th December 1867, but he eventually stayed on until 27th April 1868. He had tried to leave in the January or February but was threatened with legal action.

James Wilson, another clerk at Glenochil, remembered Hogg applying for work and it was agreed that he could work for 12 months.

He stated the term agreed was from 11th November 1867, Martinmas, until Martinmas

1868 at 12s a week, and believed he began working on 8th November. Wilson had written it in the log book and confirmed Hogg’s signature.

Arnot insisted it was not a contract in law.

Hogg then took the stand and confirmed what Arnot had told the court. He said he was employed by the week and had asked for 13s but he only got 12s. At one stage he was off work with an injured leg, but his wages were withheld by the company, which he believed, if he had been engaged properly with the distillery, he would have been paid. He insisted he never agreed to work until the following Martinmas.

The sheriff clerk, Andrew Jameson, found in favour of the distillery. He fined Hogg £2 for breach of contract with an additional 9s and 8d due in expenses.