Dunlap v. Montgomery

Citations

• 123 Pa. 27
• 16 A. 41
• 1888 Pa. LEXIS 642

Syllabus

<p>(а) Under a contract made in 1875, the plaintiff’s testator agreed to continue in the service of the defendant during the current year, “ and from year to year, on the same conditions as heretofore, namely: 10 per cent of the profits, to be ascertained at the expiration thereof, except by death of either party, or a separation should take place during said time,”.in which case, “ my rate of compensation for the expired time of the year to be at the pro rated sum of $2,000 per annum: .in case the 10 per cent of the net profits shall be less than $1,500,1 am to be paid $1,500 for that particular year.”</p> <p>(б) The plaintiff’s testator, still in the service of defendant, became ill on February 12, 1881, and withdrew to his home where he remained until his death on April 25, 1881; his salary had been paid at the rate of $1,500 per annum to January 1, 1881.</p> <p>1. In such case, the jury having found upon a preponderance of evidence, submitted in accordance with a request of defendant, that the contract of 1875 was still in force in 1881, the rights of the parties were to be determined by the provisions of the agreement.</p> <p>2. The jury having found, in like manner, that the contract relation created by the agreement was terminated only by the death of the plaintiff’s testator on April 25, 1881, compensation was recoverable to that date at the rate of $2,000 per annum.</p>