Legal Opinion

Terry v. Duell

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 141Published

Appeal, No. 141, Oct. T., 1920, by defendant, from judgment of C. P. Bucks County, March T., 1920, No. 70, on verdict for plaintiff in the case of Benjamin P. Terry v. W. Sackett Duel! Assumpsit for compensation alleged to be due for services rendered and materials furnished. Before Ryan, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $714.87. Defendant appealed.

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Appeal, No. 141, Oct. T., 1920, by defendant, from judgment of C. P. Bucks County, March T., 1920, No. 70, on verdict for plaintiff in the case of Benjamin P. Terry v. W. Sackett Duel! Assumpsit for compensation alleged to be due for services rendered and materials furnished. Before Ryan, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $714.87. Defendant appealed. Errors assigned were various rulings on evidence and the charge of the court; — The plaintiff’s book having been properly excluded he should not have been allowed to use it in…

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff was the owner of several teams which he used for light work in cultivating out-lots and general hauling service. The defendant owned a country seat, was the tenant farmer of several adjoining farms of considerable acreage, and employed the plaintiff to do work thereon and furnish certain fertilizing material. The services were rendered from April to August, 1918, and unfortunately for the parties, no fixed price was agreed upon. There is no question about the service being rendered, the only dispute is as t'o the proper rate of charge per. day for the…

2Cases cited1 opinion

  1. Mellott v. MellottSuperior Court of Pennsylvania · 1914

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