APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF MONROE COUNTY.

July Term 1880, Sup. Ct.; court below, No. 30 May Term 1889, C. P.

On May 9, 1889, James W. Cornish brought assumpsit against Edward E. Hooker, Sr., and Edward E. Hooker, Jr., partners doing business as E. E. Hooker & Son. Issue.

At the trial, on June 3, 1890, the plaintiff proved and put in evidence a contract under seal, dated September 27, 1887, between himself and the defendants, whereby the defendants engaged the services'of the plaintiff for the period of three years from April 1, 1888, and covenanted to pay therefor the sum of $500 each year, the contract containing the following provisions:

“ The said James W. Cornish hereby agrees to give the said E. E. Hooker & Son his services, in accordance with the above, and to devote his whole time and attention to superintending, managing and working the farm of E. E. Hooker, at Mt. Pocono, Monroe county, Pa., connected with the Pocono Mountain House, and everything pertaining thereto, and to assist the said E. E. Hooker & Son in and about the said Pocono Mountain House; the engagement and discharge of employees to belong to the said E. E. Hooker & Son.

“ The said E. E. Hooker & Son agree to build and provide for the said James W. Cornish and his family a separate cottage, to be used and occupied by the said James W. Cornish and his family, during the period, from about the middle of April of each year and until the Pocono Mountain House is closed and the family of E. E. Hooker & Son move over into their large cottage, when the said James W. Cornish and his family are to join them and jointly occupy the same during the winter.

“ The said James W. Cornish, at his separate cottage, is to furnish accommodations for such hands as the said E. E. Hooker & Son may employ to work on said farm, or in or about the said Pocono Mountain House. The said E. E. Hooker and son to provide the said James W. Cornish with the proper and necessary perquisites in the way of food, etc., for the maintenance of said men.

“The said James W. Cornish is to provide for, bring to said farm, replace, and keep thereon for the benefit thereof two horses, wagon, harness and mowing machine ; all expenses for repair of said wagon, harness and mowing machine and shoeing of said horses to be at the expense of said E. E. Hooker & Son.”

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