Johnson v. Judge

Citations

• 16 Pa. Super. 137
• 1901 Pa. Super. LEXIS 30

Syllabus

<p>Master and servant — Partnership—Death of partner — Contract of employment — Affidavit of defense.</p> <p>The death of a partner does not dissolve a contract of employment made by the partnership.</p> <p>In an action by an employee against his employer, a partnership, to recover balance of salary after an alleged illegal discharge, where the statement sets forth a contract of employment, the deatli of one of the partners shortly thereafter, and the continuing employment of the plaintiff for three months after the death of the partner, during which time wages were paid to him at the rate of the contract as claimed by him, an affidavit of defense, which is evasive as to the continuing employment, and makes no explanation of the discharge, and avers that the contract was annulled by the death of the partner, is insufficient.</p>