112 Pa. 480 | Pa. | 1886
delivered the opinion of the court, April 26th, 1886.
We do not see how we can say as matter of law that there was no evidence of a consideration for the obligation in suit. There was no testimony as to what the actual agreement of the parties was in regard to the compensation to be paid to the plaintiff for her services. There was inferential evidence that it was six dollars per week, because that amount was paid to, and accepted by her, for one week’s service after the testator’s death. But this is not necessarily inconsistent with a possible promise that she should be paid a larger suni. It is of course consistent with the theory that the sum thus paid was the stipulated compensation,'and therefore .it would be evidence, though not conclusive, in an action for the services. But here the action is upon an express positive promise in writing, signed by the decedent, to pay a fixed sum. The only defence is want of consideration. What is the state of the proof upon this subject ? A previous writing, also signed by the decedent, is in evidence, in which he recites that the plaintiff had been in his employment for twenty-three years as saleslady, that she had been faithful in the discharge of her duty, and that he wished to give her additional compensation for her services, and in consideration of these facts he agrees that he will give her a due bill for three thousand dollars, to be paid by his executors within one year after his death. The decedent lived upwards of two months after this paper was executed, and the plaintiff continued to render him service to the time of his death. The writing not only recognizes bub declares that the due bill shall be given as compensation for services rendered — additional compensation it is true — but compensation nevertheless. To what it was additional we do not know. Whether it was additional to full or only partial
Judgment affirmed.