Kaster v. Welsh
Supreme Court of Pennsylvania
Appeal, No. 183, Oct. T., 1892, by defendant, J. C. Welsh, from judgment of C. P. Forest Co., May T., 1888, No. 30, on verdict for plaintiff, S. Kaster. Assumpsit for wages. Before Noyes, P. J. At the trial, it appeared that the claim was for wages for labor performed between Oct. 1, 1886, and Oct. 33, 1887. It appeared that plaintiff and defendant had been engaged in operating two oil leases as partners.
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Appeal, No. 183, Oct. T., 1892, by defendant, J. C. Welsh, from judgment of C. P. Forest Co., May T., 1888, No. 30, on verdict for plaintiff, S. Kaster. Assumpsit for wages. Before Noyes, P. J. At the trial, it appeared that the claim was for wages for labor performed between Oct. 1, 1886, and Oct. 33, 1887. It appeared that plaintiff and defendant had been engaged in operating two oil leases as partners. In an equity suit between them, the partnership accounts had been adjusted, but plaintiff claimed that he had not been paid for work done outside the partnership transactions. The court…
1Opinion of the Court
Pee Ctteiam,
Both specifications of error are to part of the learned judge’s charge, recited therein, intended as his answer to defendant’s second point, and are practically the. same.
An examination of the record has satisfied us that there is no error in said answer. Plaintiff’s claim, in this case, is for services rendered to defendant, individually, and not for wages earned by services performed on or in relation to either of the leases in which the partnership was concerned. There was some evidence tending to sustain the claim, and hence the court could not, as matter of law, instruct the…
2Cases cited2 opinions
- Chase v. Ninth National BankSupreme Court of Pennsylvania · 1868
- Converse v. ColtonSupreme Court of Pennsylvania · 1865