Peoples v. Burns

Opinion by

Trexler, J.,

This was an action of assumpsit brought by the plaintiff against the defendant under a contract of employment as dressmaker at a fixed salary per week. The affidavit of defense alleged a set-off and a settlement. When the plaintiff was on the stand defendant’s counsel sought to ask her as to the alleged settlement made between the parties and the terms thereof. The learned trial judge held that to be a matter of defense. He held that the cross-examination must be limited to facts elicited under direct examination and said further that when the defense would open these…