Bechtel v. Combs Broad Street Conservatory of Music

Citations

• 71 Pa. Super. 426
• 1919 Pa. Super. LEXIS 129

Syllabus

<p>Master and servant — Gontract of employment — Discharge — Damages.</p> <p>Where a contract provided that the plaintiff’s minor daughter should enter the faculty of the conservatory of music, and teach for the ensuing year for the consideration of board, lodging, etc., and “one music lesson a week,” the refusal of the daughter to play in a commencement concert, was not a failure to comply with the terms of the contract and the employer is liable for the damages sustained by reason of the daughter’s discharge.</p> <p>Appeals — Findings of fact by trial judge — Municipal Court of Philadelphia.</p> <p>In an action involving a verbal contract, where the case for the respective parties is presented by oral evidence, the ascertainment of the facts from competent testimony, and the inference fairly deducible therefrom, was a duty to be discharged by the trial judge. Whatever findings of fact the jury might have arrived at from the testimony the trial judge may make with the same effect.</p>