Spalding v. Ewing
Supreme Court of Pennsylvania
Appeal, No. 288, Jan. T., 1891, by defendant, Washington Ewing, from judgment of C. P. Chester Co., on verdict for plaintiff, Harvey Spalding. Assumpsit on appeal from judgment of justice of the peace to recover amount claimed for services performed, under written contract signed by defendant.
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Appeal, No. 288, Jan. T., 1891, by defendant, Washington Ewing, from judgment of C. P. Chester Co., on verdict for plaintiff, Harvey Spalding. Assumpsit on appeal from judgment of justice of the peace to recover amount claimed for services performed, under written contract signed by defendant. On the trial before Waddell, P. J., it appeared by the evidence that defendant had received a post-office department warrant for $94.57, dated Jan. 28,1889. The warrant was not received through the plaintiff. The verdict was for the plaintiff in the sum of $26.06. The other facts appear by the opinion…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
This action, to recover fees alleged to have been earned by plaintiff, is founded on the following contract signed by defendant :
“ Landenberg, Pa., .1882. I here guarantee that .myself, claimant for additional pay as postmaster (at Chandlersville, Landenberg), shall, without delay, upon the receipt of draft for amount which may be collected, remit the amount of fee due his attorney, Henry Spalding, which is understood to be twenty-five per cent, of collection, to the said Henry Spalding, at Washington, D. C.”
The character of the services rendered in pursuance…
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