Price Hill Colliery Co. v. Pinkney

MieleR, Judge:

Plaintiff brought this action in assumpsit for the balance alleged to be due it from defendant on an open account. De fendant pleaded non-assumpit, and filed a notice of set-off and counterclaim, together with a statement of the amount alleged to be due him from plaintiff. The verdict of the jury-in favor of defendant was set aside by the trial court, and a new trial was awarded plaintiff.

Some time in the month of July 1918, defendant entered the employ of plaintiff as superintendent of its coal plant at Price Hill. Plaintiff agreed to pay him for his services a monthly salary…