Moorhead v. Fry
Supreme Court of Pennsylvania
ERROR to tbe Common Pleas of Westmoreland county. This was an action in case to August Term, 1852, by Philip Ery v. Joseph Moorhead, executor of the will of James Nelson, deceased, to recover a quantum meruit for his work, labor, and services.
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ERROR to tbe Common Pleas of Westmoreland county. This was an action in case to August Term, 1852, by Philip Ery v. Joseph Moorhead, executor of the will of James Nelson, deceased, to recover a quantum meruit for his work, labor, and services. About fourteen or fifteen years before the trial, Ery, the plaintiff, agreed to live with Nelson and his wife, and serve them as long as they lived; and in consideration of his services, upon their death, he was to have, as long as he lived, all the property they left. Ery continued to live with Nelson and wife until some time in 1852, when Nelson died,…
1Opinion of the Court
The opinion of the Court was delivered, December 11, by
Knox, J.
The legal principles applied to this case by the learned judge before whom it was tried are free from objection.
The will of defendant’s testator was in clear violation of the contract made with the plaintiff below. After the contract was so plainly disregarded by the decedent in his lifetime, it cannot be interposed by his exécutor to prevent a recovery by Fry for the value of his services.
It will not do to aver the inability of Nelson to set aside the contract, as a reason why his attempt to do so will not authorize Fry to treat…
2Cited by6 opinions
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903
- Van Meter v. NorrisSupreme Court of Pennsylvania · 1935
- Estate of Rachel NusbaumSuperior Court of Pennsylvania · 1930
- Brick v. Kapner, Pennsylvania Court of Common Pleas, Philadelphia County1938
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