Weidman v. United Cigar Stores Co.

Citations

• 223 Pa. 160
• 72 A. 377
• 1909 Pa. LEXIS 497

Syllabus

<p>Contract — Hiring—Term of hiring — Intention.</p> <p>1. In a contract of hiring, where no definite period is expressed, in the absence of facts and circumstances showing a different intention, the law will presume a hiring at will. The fact that the hiring is at so much per week or month or year will raise no presumption that the hiring was for such period. Where, however, a contrary intention can be fairly derived from the contract itself, the law will allow such intention to prevail; and where the contract is in writing, the court, in construing the instrument, will take into view the situation of the parties, and the objects they had in view.</p> <p>2. Where a written contract for the purchase of a store and fixtures from two partners also provides for the employment of the two partners, by the purchaser, at a stated salary per year, as general managers of the store in question and other stores conducted by the purchaser, the contract so far as it relates to the employment will be construed as a hiring by the year, and not as a hiring at will. Such a contract shows that the employment was stipulated for as a consideration moving to the vendors.</p>