Hertzog v. Hertzog
Supreme Court of Pennsylvania
Error, to the Common Pleas of Fayette county. This suit was brought by John Hertzog to recover from the estate of his father compensation for services rendered the latter in his lifetime, and for money lent.
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Error, to the Common Pleas of Fayette county. This suit was brought by John Hertzog to recover from the estate of his father compensation for services rendered the latter in his lifetime, and for money lent. The plaintiff was twenty-one years of age about the year 1825, but continued to reside with his father, who was a farmer, and to labour for him on the farm, except one year that he was absent in Virginia, until 1842, when the plaintiff married and took his wife to his father’s, where they continued for some time as he had done before. His father then put him on another farm which he…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J. —
“ Express contracts are, where the terms of the agreement are openly uttered and avowed at the time of the making: as, to deliver an ox or ten loads of timber, or to pay a stated price for certain goods.. Implied are such as reason and justice dictate; and which, therefore, the law presumes that every man undertakes to perform. As, if I employ a person to do any business for me, or perform any work, the law implies that I undertook and contracted to pay him as mueh as his labour deserves. If I take up wares of a tradesman without any…
2Cases cited3 opinions
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Cummings v. CummingsSupreme Court of Pennsylvania · 1839
3Cited by61 opinions
- Schott v. Westinghouse Electric Corp.Supreme Court of Pennsylvania · 1969
- County Commissioners v. J. Roland Dashiell & Sons, Inc.Court of Appeals of Maryland · 2000
- Stephan v. Waldron Electric Heating & Cooling LLCSuperior Court of Pennsylvania · 2014
- Martin v. Little, Brown and Co.Superior Court of Pennsylvania · 1981
- Lach v. Fleth, Admr.Supreme Court of Pennsylvania · 1949
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