Joseph H. Harvey III entered into an employment contract with the J.Harvey Company Company for a term expressly stated as the “earlier” of his 65th birthday or death. Alleging that the Company breached the agreement, he brought suit. The trial court granted partial summary judgment in favor of the Company, ruling that Harvey could only recover wages payable up to the time of trial. The Court of Appeals affirmed that holding. Harvey v. J. H. Harvey Co. , 256 Ga. App. 333, 335 1 568 SE2d 553 2002. We granted certiorari to review the affirmance of the trial court’s grant of partial summary judgment. OCGA § 10-6-37 provides that, when an employment contract is “for a year,” and the employer wrongfully terminates the employee before the end of the term, the employee may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait until the expiration of the year and sue for and recover his entire wages. Although expressed in terms of agreements “for a year,” the statute nevertheless applies to all employment contracts for any definite duration, as opposed to those terminable at will. See Inter-Southern Life Ins. Co. v. Wilkinson , 147 Ga. 283, 284 93 SE2d 406 1917. See also Citizens Bank of Adrian v. Southern Securities and Financing Co. , 143 Ga. 101 84 SE 465 1915 five-year contract; Rosenstock v. Congregation Agudath Achim , 118 Ga. App. 443 164 SE2d 283 1968 three-year contact; Georgia, Fla. & Ala. R. Co. v. Parsons , 12 Ga. App. 180 76 SE 1063 1913 nine-and-one-half month contract. Thus, the election of remedies codified in OCGA § 10-6-37 “is applicable whether the contract of employment is for one year or less or for a longer term. Cits.” Rosenstock v. Congregation Agudath Achim , supra at 444.
By affirming the contract rather than rescinding it, Harvey rejected his option to seek recovery under a quantum meruit theory. Compare Silverthorne v. Arkansas Southeastern R. Co. , 142 Ga. 194, 195 1 82 SE 551 1914. Likewise, he has not elected to pursue the “constructive service” remedy, whereby he would wait until the expiration of each contractual period and sue for his wages. See Cox, Hill & Thompson v. Bearden , 84 Ga. 304, 306 1 10 SE 627 1890.
