Welch v. Olmstead

The plaintiff recovered below for work and labor performed for the defendant as a farm hand at the rate of $12 per month.

While it is suggested here that the court erred in instructing the jury that the rate was fixed at $12 per month, and it is claimed that the bargain was conditional on the plaintiff’s being able to earn that amount, yet, as the defendant in his plea set out the contract as a positive one to pay $12 per month, and as he subsequently tendered the plaintiff payment at that rate, we think the instruction was correct.

The real question involved is whether the defendant was…