Opinion
June 13, 1968.
September 12, 1968.
Contracts — Employment — "Permanent" employment — Employment for at least a year — Pleadings — Amendments — Evidence — Charge to jury — Calculation of damages sent out with jury.
In this action of assumpsit, in which it appeared that plaintiff averred in her complaint a breach of contract by defendant to employ plaintiff "permanently" at a specified salary; that at the trial plaintiff testified that she had arrived at an agreement with defendant which required that she be employed for at least a year; that plaintiff was allowed to amend her complaint at time of trial; and that the court below, holding that the amendment was proper, in the circumstances, that even if the amendment was improper the plaintiff's oral evidence as to the contract of employment was admissible and sufficient to support the verdict for plaintiff, and that defendant's contentions, that the trial judge erred in charging the jury in certain respects and in refusing to affirm defendant's points for charge and in sending out with the jury plaintiff's calculation of damages, were without merit, refused defendant's motions for a new trial and for judgment n.o.v. and entered judgment on the verdict for plaintiff; it was Held that the judgment should be affirmed.
Argued June 13, 1968.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.
Appeal, No. 35, Oct. T., 1968, from judgment of Court of Common Pleas No. 5 of Philadelphia County, June T., 1961, No. 716, in case of Harriet Solomon v. Joseph Luria, individually and trading as Luria's Ladies Wearing Apparel. Judgment affirmed; reargument refused September 30, 1968.
Same case in court below: 45 Pa. D. C. 2d 291.
Assumpsit. Before BROWN, JR., P.J.
Verdict for plaintiff and judgment thereon. Defendant appealed.
Michael H. Egnal, with him Milton S. Lazaroff, and Egnal Simons, for appellant. Jerome M. Dubyn, with him M. Mark Mendel, and Mendel Dubyn, for appellee.
The judgment of the court below is affirmed on the opinion of Honorable FRANCIS SHUNK BROWN, JR., P.J.