Stickle v. Otto

The present appeal is prosecuted to reverse a judgment recovered by Otto against Stickle, in an action of assumpsit for work and labor, for $162.

Appellant was a dealer in marble, engaged in setting up monuments, etc.; and, in August, 1873, employed appellee to work for him in his business. Appellee accordingly worked for him, under this engagement, until in March, 1874, when the parties settled their accounts, and appellee was paid by appellant all that was due him at that time. Appellee then ceased to work, or, as the witnesses express it, “laid off,” for about a week, when he resumed work,…