Speier v. Locust Laundry

Citations

• 63 Pa. Super. 99
• 1916 Pa. Super. LEXIS 111

Syllabus

<p>Master and servant — Contract of employment — Distinct covenants — Consolidation of action.</p> <p>Where a contract of employment admitted to he an entire contract provides for the payment of weekly installments of wages and also provides that certain personal property belonging to the plaintiff should become vested in the defendant at the end of the contract upon the payment of a stated sum by the defendant to the plaintiff, and the plaintiff after an alleged wrongful discharge brings suit before the termination of the contract, for the stated amount, and after the termination of the contract brings a suit' in another Court of Common Pleas of the same county for the wages due, the two' actions may be consolidated in one of the courts and the plaintiff may be permitted to amend his statement in the consolidated action so as to join both claims. Such a consolidation of the action is not a “transfer of cases” within the meaning of Rule 5 of the Court of Common Pleas of Philadelphia.</p> <p>Where a suit has been brought by an employee against his employer to recover an installment of wages after an alleged wrongful discharge, an adjudication that the discharge was in fact unlawful in such suit, is res ad judicata as to that question in a subsequent suit for another installment of wáges.</p> <p>Where a contract of employment contains not only a provision for the payment of wages, but also a provision for the payment by the employer to the employee for certain personal property of the plaintiff, upon the termination of the contract, a suit for wages for an alleged wrongful discharge before the contract was terminated does not bar the plaintiff from bringing an action after the termination of the contract for the money due him for the personal- property.</p> <p>Where a servant has been discharged before the expiration of his term of employment without sufficient excuse, he is nevertheless bound to use reasonable efforts to obtain employment elsewhere; but the burden of