Hogle v. DeLong Hook & Eye Co.

Citations

• 248 Pa. 471
• 94 A. 190
• 1915 Pa. LEXIS 597

Syllabus

<p>Pleading — Statement of claim — Master and servant — Contracts of hiring■ — Indefinite term — Hiring at will — Construction—Presumption — Insufficient statement — Demurrer.</p> <p>1. In a contract of hiring where no definite period is expressed, the law will presume a hiring at will in the absence of facts and circumstances showing a different intention, and the fact that the hiring is at so much per week, or month, or year, will raise no presumption that the hiring was for such period.</p> <p>2. In an action to recover salary for the balance of a year for which plaintiff alleged that he had been employed, but before the expiration of which he had been dismissed, where no facts were alleged in the statement of claim from which the inference could be drawn that plaintiff had been employed for the year for which he claimed salary, other than the fact that he was employed at a yearly salary, the presumption that a hiring at will was intended applied, and the court properly entered judgment for defendant on demurrer to the plaintiff’s statement of claim.</p>