19 Pa. Super. 508 | Pa. Super. Ct. | 1902
Opinion by
The plaintiff sought to recover in the court below compensation for his services at the rate of $166.66 per month, under an alleged contract of hiring for a period of one year, for that portion of said year which had not expired at the date of the death of his employer, Louis Bergdoll, deceased. An amended statement was filed which averred that the contract had been ratified and continued by the administratrix. The contract between the plaintiff and the decedent established by the evidence was for the plaintiff’s services and their compensation. The evidence as to the nature of this contract is in no respect different from that which we considered in a former appeal in this case (Zinnel v. Bergdoll, 9 Pa. Superior Ct. 522), and we there held that it was a personal contract terminating upon the death of Louis Bergdoll. The subject of the contract was labor. Zinnell undertook to work upon the farm of Bergdoll and the latter undertook to pay him for such services. The labor was to be performed upon the land in its cultivation, in the care of the cows and the disposition of the crops. As an incident of his employment Zinnell was to live in a house upon the farm, he had no interest in the crops and was not a tenant paying rent, his compensation was in no way dependent.upon the success or failure of the farming operations. The house was a convenient place for the residence of the laborer. The possession of Zinnell was the possession of his employer, he acquired no interest in the land and was not a tenant; Bowman v. Bradley, 151 Pa. 351; 11 P. & L. Dig. of Dec., col. 17887. If the plaintiff was entitled to recover that right did not arise out of his contract with the decedent.
When Louis Bergdoll died the title to the farm passed to his widow and heirs. If after that date the plaintiff planted in the land crops for the next year the mere performance of the labor did not give rise to an implied promise that such services
Louis Bergdoll died on September 9, 1896. There was at that time a large amount of personal property belonging to the estate upon the farm, of which the plaintiff continued in charge. Decedent left a widow, the administratrix, and five children, of whom Charles Barth became guardian. Louis Bergdoll died intestate and the title to the land at once vested in his heirs. There were upon the farm a large number of cows, the property of the estate, and these were taken care of by the plaintiff, the milk being shipped to a dealer, until sometime in November, when the cows were taken away from the place and the plaintiff ceased to have the care of them until sometime-early in December, when they were returned to the farm for the purposes of sale. All the personal property of the estate upon the farm was sold on December 10, 1896, and so far as is disclosed by the evidence in this case the defendant did not after that time render any services to the estate or have charge of any property belonging thereto. He did after that time do some hauling away of property which had been purchased by the widow, but there is nothing in the evidence to indicate that this was the property of the estate or that would render the estate liable for the services performed in connection therewith. The plaintiff admitted that he was early in October paid the full amount of his wages for the month of September, and that
The judgment is reversed and a venire facias de novo awarded.