Petro v. Secary Estate

Opinion by

Mb. Justice Bell,

Plaintiff brought an action of assumpsit against the Administratrix of the Estate of the defendant who died December 23, 1958. Plaintiff died after trial but pending this appeal and is now represented by his Administratrix. Plaintiff sought to recover on an express oral contract (a) the difference between the wages he was paid as assistant mine foreman and later as mine foreman and the usual wage of an assistant mine foreman and a mine foreman for the same period of time and (b) 10% of the profits. The alleged oral contract was entered into between plaintiff and…