Kane v. Moore

Supreme Court of Pennsylvania April 1, 1895

Kane v. Moore, 167 Pa. 275 (Pa. 1895)

31 A. 631; 1895 Pa. LEXIS 893

Dean, Green, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

This contention depends on the contract of hiring, evidenced by letters, which passed between the parties on the subject, copies of which are recited in the first specification. The construction of these letters was, of course, for the court. Taking *279into consideration all the correspondence bearing on the subject, we think the learned trial judge correctly concluded that the hiring was by the year, as claimed by the plaintiff, and. hence he was entitled to recover unless the defendant could: show a good and valid reason for sooner terminating the.con-, tract. There is nothing in either of the specifications of error that requires a reversal of the judgment.

Judgment affirmed.

Reference

Full Case Name: Daniel Kane v. A. H. Moore
Cited By: 5 cases
Status: Published
Syllabus: Master and servant — Contract—Hiring by year. Defendant desiring to employ plaintiff as a trainer of horses wrote him as follows: “I will give you $60.00 cash per month, and board, and if you remain with me to the end of the year, I’ll add $15.00 per month, making $75.00 per month.” Plaintiff wrote in reply: “I accept your terms; T will woi-k for $60.00 per month including board, and at the end of the year, you are to pay $120; or, in other words, at the rate of $75.00 per month; you keep $15.00 back each month, and pay me, as above stated, at the end of the year.” Defendant answered: “It is understood that I pay you $60.00 per month and board from May 1, to. January 1, 1893. On January 1,.1893, if in my employ, I am to pay yon $15.00 per month extra for May, June, July, August, Séptember, October, November and December eight months in all, or $120 in full.” Held, that the contract was from the first of May to the first of January, a hiring by the year and not by the month.