Righter v. Guenther Lumber Co.

Citations

• 63 Pa. Super. 113
• 1916 Pa. Super. LEXIS 114

Syllabus

<p>Master and servant — Damages—Appeals—Raising question for first time in appellate court.</p> <p>In an action by an employee against Ms employer to recover for services rendered, where it appears that under the contract of employment plaintiff was entitled to draw fifty dollars per week “for traveling and living expenses” until his profits accumulated, and the case was tried without- objection by the defendant on the theory that the provision as to advances was a guaranty as to a minimum sum to be paid to plaintiff, the defendant cannot in the appellate court for the first time claim that such provision was not guaranty.</p>