Keller v. R. C. Keller Motor Co.

Opinion by

Mr. Justice Arnold,

In this action of assumpsit plaintiff’s complaint appropriately pleaded: a contract of hiring by the defendant, by which the defendant promised to pay the plaintiff $100.00 per week for 51 weeks, beginning July 1, 1951; a partial default thereof; and also a failure to pay the plaintiff a sum equal to 10% of the net profits of the defendant.

The answer of the defendants denied the offer of performance by the plaintiff and denied generally that it was liable on the contract. The defendant then set forth paragraphs XI, XII and XIII of new matter which would tend to…