Weidman v. United Cigar Stores Co.
Supreme Court of Pennsylvania
Appeal, No. 121, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1904, No. 250, on verdict for plaintiff in case of Charles Weidman v. United Cigar Stores Company. Assumpsit for salary. Before Evans, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 121, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1904, No. 250, on verdict for plaintiff in case of Charles Weidman v. United Cigar Stores Company. Assumpsit for salary. Before Evans, J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: If Mr. Weidman is entitled to recover then he is entitled to recover the balance of this year’s salary, less what he could have reasonably earned had he used due diligence to get other employment. Verdict and judgment for plaintiff for $1,913.50. Defendant…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In a contract of hiring, where no definite period is expressed, in the absence of facts and circumstances showing a different intention, the law will presume a hiring at will. The fact that the hiring is at so much per week or month or year will raise no presumption that the hiring was for such period. Where, however, a contrary intention can be fairly derived from the contract itself, the law will allow such intention to prevail; and where the contract is in writing, the court, in construing the instrument, will take into view the situation of the parties, and…
2Cited by32 opinions
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- Lucacher v. KersonSuperior Court of Pennsylvania · 1945
- Lubrecht v. Laurel Stripping Co.Supreme Court of Pennsylvania · 1956
- Rosenfeld v. RosenfeldSupreme Court of Pennsylvania · 1957
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