Rosencrance v. Johnson
Supreme Court of Pennsylvania
Appeal, No. 374, Jan. T., 1898, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1897, No. 77, on verdict for plaintiff. Assumpsit for services. Before Peck, C. J. At the trial it appeared that on January 21, 1889, George Houser went to board with John W. Rosencrance and B. W. Rosencrance, agreeing to pay them 114.00 per month for his board, washing and mending. Plaintiff’s claim amounted to f>2,620, and included items for extra services during Houser’s illness.
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Appeal, No. 374, Jan. T., 1898, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1897, No. 77, on verdict for plaintiff. Assumpsit for services. Before Peck, C. J. At the trial it appeared that on January 21, 1889, George Houser went to board with John W. Rosencrance and B. W. Rosencrance, agreeing to pay them 114.00 per month for his board, washing and mending. Plaintiff’s claim amounted to f>2,620, and included items for extra services during Houser’s illness. Portions of the claim were more than six years old. When George J. Johnson, the defendant, was on the stand his counsel…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The plaintiff’s claim was one which raised a twofold requirement of strict proof, in that it was in the first place a claim for *532extra compensation over and above the amount expressly fixed by contract, and secondly, it was a claim against the estate of a decedent for services of a kind which in the ordinary course of life are paid for currently as they are rendered.
1. There is no more fruitful source of dispute and litigation than claims for “ extras,” and where they are superadded to claims upon an express contract for services of the same or a similar kind…
2Cases cited7 opinions
- Landis v. RothSupreme Court of Pennsylvania · 1885
- Carpenter v. HaysSupreme Court of Pennsylvania · 1893
- Burr v. BurrSupreme Court of Pennsylvania · 1856
- Harrington v. HickmanSupreme Court of Pennsylvania · 1892
- Estate of HughesSupreme Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Kaufmann's EstateSupreme Court of Pennsylvania · 1928
- Barr v. LuckenbillSupreme Court of Pennsylvania · 1945
- Barnes v. Pickett Hardware Co.Supreme Court of Pennsylvania · 1902
11 more not listed; retrieve them via the Exa API.