Legal Opinion

Daly v. Dallmeyer

Superior Court of Pennsylvania

Decided May 22, 1902No. Appeal, No. 56PublishedCited by 4 opinions

Appeal, No. 56, April T., 1902, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 225, on verdict for plaintiff in case of Hugh Daly v. M. Dallmeyer. Assumpsit upon a written agreement of employment. Before Frazer, P. J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 56, April T., 1902, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 225, on verdict for plaintiff in case of Hugh Daly v. M. Dallmeyer. Assumpsit upon a written agreement of employment. Before Frazer, P. J. The facts appear by the opinion of the Superior Court. Defendant’s points were as follows: 1. Where a receipt in full is offered, it is prima facie evidence of settlement, and cannot be set aside except for weighty reasons, such as fraud, accident or mistake, and such causes for disregarding it must be made to appear distinctljr, and no such causes…

1Opinion of the Court

Opinion by

Beaver, J.,

Plaintiff was employed under a written agreement as janitor and caretaker of defendant’s office building, “ He, at his own expense, employing all his help (for elevator and heat service and cleaning) and purchasing all materials that may be required for scrubbing, sweeping,” etc. In consideration of such service he was to receive $140 per month for the months during which heat was to be furnished, and $120 per month for the remainder of the year. This agreement is dated October 27, 1897. According to the testimony of the defendant, this arrangement continued until the…

2Cases cited5 opinions

  1. In re Estate of RhoadsSupreme Court of Pennsylvania · 1899
  2. Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1899
  3. MacDonald ex rel. Leahey v. PiperSupreme Court of Pennsylvania · 1899
  4. Benseman v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1900
  5. Flynn v. HurlockSupreme Court of Pennsylvania · 1900

3Cited by4 opinions

  1. Szok v. CrownSuperior Court of Pennsylvania · 1907
  2. Stukey v. RissingerSuperior Court of Pennsylvania · 1906
  3. McGahren v. Insurance Co.Superior Court of Pennsylvania · 1905
  4. Mocomber v. ProctorSuperior Court of Pennsylvania · 1903

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