Terrerri v. Jutte

Citations

• 159 Pa. 244
• 28 A. 225
• 1893 Pa. LEXIS 1502

Syllabus

<p>Contract — Entire and severable — Evidence—Question for jury.</p> <p>In an action upon a contract, plaintiff alleged that he was first employed by defendants as superintendent of their stone quarry at a certain salary per month; that afterwards and in addition thereto he was requested by them to secure supplies, provisions, etc., for boarding their men engaged in and about the quarry, and to transact other business for them, for which he was to be reimbursed. This suit was brought for expenses incurred for boarding the workmen. Defendants denied that such was the contract, and averred that plaintiff undertook to operate the quarry at his own expense for employees, for which he was to receive from defendants $4.25 per cubic yard of stone at the quarry. It appeared that plaintiff had previously recovered a judgment against defendants before a justice of the peace, the record of the justice showing that the claim was merely for salary. Eeld, that the second action was maintainableand that the question as to what was the contract between the parties was for the jury.</p>