49 Pa. Super. 513 | Pa. Super. Ct. | 1912
Opinion by
The plaintiff entered into a written contract to render service to the defendant for one year from April 1, 1909. The defendant was engaged in the business of selling milk at retail in Devon, Wayne and the vicinity of these places in the counties of Chester and Delaware, and in furtherance of this business maintained a large farm on which he kept a diary. The plaintiff contracted for service on the farm as a foreman and was put in charge of all the men not directly under the supervision of the herdsman, except such as were employed for specific purposes and the milkers and feeders during milking and feeding time. He was required to furnish from the force at his disposal a sufficient number of milkers and feeders to make the required number and was also to milk when it was necessary for him to do so to furnish the required number of milkers. It was also agreed that he should use such of his force as were not otherwise employed in regular necessary work to help with the work at the dairy barn on Sunday mornings after milking and feeding. The care of the cows, etc., at another place, called Prospect, was also committed to him subject to the direction of the herdsman. This contract was renewed for each of the two succeeding years, and during the period of the last • renewal the defendant discharged the plaintiff from service, The justification set up for this action
The judgment is reversed and the case remitted with a procedendo.