9 Pa. Super. 522 | Pa. Super. Ct. | 1899
Opinion by
The agreement under which the plaintiff claims rests in.parol. The burden of showing its existence and binding effect on the defendant, by a preponderance of evidence is, therefore, cast upon the plaintiff. Whether the agreement with the decedent
It is quite evident from the testimony that the contract between the plaintiff and the decedent was for the plaintiff’s services and their compensation. The evidence does not show a demise of any part of the premises to the plaintiff.. His occupancy was merely incidental to the convenient performance of his duties. He acquired no estate in the land, or the right to use it, except as the discharge of his duties made such use convenient. The land, all property on it, and its yield, belonged to the decedent, and were for his sole use and benefit. The plaintiff was simply hired to work the farm, and had no interest in it or in the property connected with it. His wages were in no way dependent on the farm or its yield. The legal possession remained in the decedent, and the plaintiff was in no sense liable for rent. The essential elements of a demise are not shown in this case, and the court should have so instructed the jury: McCormick v. Skiles, 163 Pa. 590. Under the evidence it was a personal contract terminating on the death of either party: West v. O’Callaghan, 15 Phila. Rep. 165; Dickinson v. Calaban, 19 Pa. 227; Bland v. Umstead, 23 Pa. 316.
If the administrator continued the contract of the decedent with the plaintiff, under the mistaken belief that it was binding after the death of the parties to it, he had a right to terminate it without liability thereafter; unless by an agreement, or by Ms conduct he treated the contract as in force, for his convenience and assistance in caring for and closing up the estate in his charge. The right to recover for services performed in the absence of an express contract, on a quantum meruit, if such services were accepted by the administrator, might also become material. These are all questions of fact for the jury, however, under proper instructions by the court.
For the reasons given the judgment is reversed and a venire de novo awarded,