151 N.Y.S. 925 | N.Y. App. Div. | 1915
The action is to recover upon a quantum meruit for services rendered the defendant’s testatrix. Upon September 21, 1907, plaintiff was in the employ of the defendant’s testatrix. Upon that day the defendant’s testatrix signed and delivered to plaintiff a paper, of which the following is a copy:
“ The New Columbian.
“ E. C. Quinlan, Prop. Opp. Convention Hall.
“ Agreement.
“ Saratoga Springs, N. Y., Sept. 21, 1907.
“I hereby agree from this date to pay to Addie D. Plattenburg for the care of myself and house and services as heretofore, the sum of six dollars per week & if she shall remain with me during my lifetime to provide for a generous sum to be paid to her at my decease with the distribution of my estate & it is agreed further that she shall be subject to the dictation and direction of only myself.
“MRS. A. P. HALL.” (Endorsement.)
“I hereby certify that I was present and saw Mrs. A. P. Hall sign within paper.
“ Sept. 27, 1907. G. F. COMSTOCK.”
The plaintiff remained with the defendant’s testatrix for between seven and eight years and until her death. She was given a legacy of $300 by the will. Her complaint alleges that her services were worth $21 per week for the full time, upon which she credits $6 a week paid, and $300 received under the legacy, and she demands judgment for the balance.
The main question arises upon the construction of this paper, The plaintiff contends that it contains a promise to pay her a generous sum for service to be rendered in the care of the promisor and of her household for the rest of her life. The defendant’s contention is that there is here an agreement
All concurred; Kellogg and Howard, JJ., in result.
Order affirmed, with ten dollars costs and disbursements, with usual leave to defendant to withdraw demurrer and answer upon payment of costs at Special Term and in this court.