King v. McKinstry

Citations

• 32 Pa. Super. 34
• 1906 Pa. Super. LEXIS 280

Syllabus

<p>Contract — Claim for services — Testamentary writing — Vei'dict—Amount —Sealed verdict.</p> <p>A paper signed by a decedent and given to Ms daughter was as follows: “Jan. 4th, ’97, This I do write so as'all can see when I am gone, that I want mistress Eunis King paid for work done here according to my promise and agreement with her. I do fix the price at seventy-five cents per week.” Held, that the paper was not testamentary in character. , .</p> <p>In a suit brought on the above paper, the jury sealed a verdict generally for plaintiff. When the sealed verdict was opened, the court directed the jury to fix the amount definitely. They thereupon rendered a verdict as follows: “And now, to wit: 1905, we, the jurors empaneled in the above-entitled case, find a verdict in favor of plaintiff as follows: $1.50 per week for the last six years preceding the death of William McKinstry. Total amount $468.” Judgment was entered on the verdict. On appeal plaintiff’s counsel admitted that plaintiff was only entitled to compensation at the rate of seventy-five cents per week, and requested the court to reduce the amount to $234. Held, (1) that the court below had not exceeded its authority in requiring the verdict to be made certain by fixing the amount; and (2) that the appellate court had the power to reduce the amount to $234, and affirm the judgment.</p>