Legal Opinion

Johnson v. Judge

Superior Court of Pennsylvania

Decided January 22, 1901No. Appeal, No. 103PublishedCited by 1 opinion

Appeal, No. 103, Oct. T., 1900, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1900, No. 332, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Samuel H. Johnson v. James Judge, Jr., Robert B. Judge and Agnew MacBride, trustees of James Judge, deceased, and William B. Judge, executor and trustee of Robert B. Judge, deceased, late trading as William Judge & Brother. Assumpsit on a contract of employment.

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Appeal, No. 103, Oct. T., 1900, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1900, No. 332, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Samuel H. Johnson v. James Judge, Jr., Robert B. Judge and Agnew MacBride, trustees of James Judge, deceased, and William B. Judge, executor and trustee of Robert B. Judge, deceased, late trading as William Judge & Brother. Assumpsit on a contract of employment. Rule for judgment for want of a sufficient affidavit of defense. The material portions of the statement are as follows : That the…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff brought this action to recover damages for the *141breach of a contract, that provided for a year’s service as a carpet salesman in the employ of the defendant. The statement alleges the plaintiff’s employment by the firm, which consisted of four persons, at a stipulated salary of $1,500 for the year beginning on January 1, 1898, and that pursuant to this he entered upon his duties and continued in the employment of the defendants until April 29, when he was discharged without reasonable cause, etc. One of the partners died on January 8, which fact is relied on…

2Cases cited4 opinions

  1. Emery v. SteckelSupreme Court of Pennsylvania · 1889
  2. Peniston v. John Y. Huber Co.Supreme Court of Pennsylvania · 1900
  3. Fereira v. SayresSupreme Court of Pennsylvania · 1843
  4. Allen v. Colliery Engineers' Co.Supreme Court of Pennsylvania · 1900

3Cited by1 opinion

  1. Helmick v. RankinSuperior Court of Pennsylvania · 1949

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