Zinnel v. Bergdoll
Superior Court of Pennsylvania
Appeal, No. 24, Oct. T., 1898, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1897, No. 30, on verdict for plaintiff. Assumpsit. Before Clayton, P. J. It appears from the record and evidence that suit was brought by plaintiff against decedent’s estate for the purpose of recovering wages for a constructive service during an un expired term of alleged employment subsequent to decedent’s death.
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Appeal, No. 24, Oct. T., 1898, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1897, No. 30, on verdict for plaintiff. Assumpsit. Before Clayton, P. J. It appears from the record and evidence that suit was brought by plaintiff against decedent’s estate for the purpose of recovering wages for a constructive service during an un expired term of alleged employment subsequent to decedent’s death. The plaintiff was employed during decedent’s life to work on decedent’s farm in Delaware county for the wages of $166.66 per month. The plaintiff alleged that this employment was for a year…
1Opinion of the Court
Opinion by
Smith, J.,
The agreement under which the plaintiff claims rests in.parol. The burden of showing its existence and binding effect on the defendant, by a preponderance of evidence is, therefore, cast upon the plaintiff. Whether the agreement with the decedent *525was a lease of the premises managed by the plainúff, or a personal contract of hiring, were questions for the jury. It was also a question of fact for the jury to determine whether the administrator agreed with the plaintiff to continue the contract made with the decedent, or made another contract, in terms, or in legal effect.…
2Cases cited6 opinions
- Fisher v. ScharadinSupreme Court of Pennsylvania · 1898
- Wilde v. TrainorSupreme Court of Pennsylvania · 1868
- Dickinson v. Calahan's AdministratorsSupreme Court of Pennsylvania · 1852
- Bland's Administrator v. UmsteadSupreme Court of Pennsylvania · 1854
- Ginther v. Borough of YorkvilleSuperior Court of Pennsylvania · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boyle v. SteimanSuperior Court of Pennsylvania · 1993
- Zinnell v. BergdollSuperior Court of Pennsylvania · 1902
- Boyle v. SteimanSuperior Court of Pennsylvania · 1993
- Konicz v. Orient InsuranceSuperior Court of Pennsylvania · 1901