Kinert v. Kapp

Citations

• 50 Pa. Super. 222
• 1912 Pa. Super. LEXIS 31

Syllabus

<p>Contract — Agreement to pay board — Husband and wife — Landlord and tenant — Evidence—Account stated.</p> <p>1. Where an owner of a farm lets it in writing to another and thereafter goes to live in the household of his tenant under an alleged agreement by which he was to have his board for his services on the farm, and more than a year subsequently the tenant’s wife sues him for board and swears to an alleged settlement and account stated between herself and the defendant, which the latter promised to pay, but which he denies, it is proper to permit the plaintiff to show that she owned the stock on the farm as a minor fact 'bearing upon the situation of the parties, but it is error for the court to unduly emphasize such fact in its charge. It is also proper to permit the cross-examination of defendant and her husband, and the admission of other proof to show declarations and statements of both husband and wife made prior to the alleged settlement to the effect that the defendant was not paying any board. In such a case the written contract of lease between plaintiff’s husband and defendant was admissible.</p> <p>2. Where one boards in a family consisting of husband and wife the money due for boarding furnished, belongs primarily to the husband.</p>