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2 Yeates 444

Philip v. Kirkpatrick

Supreme Court of Pennsylvania

Decided May 15, 1799

Supreme Court of Pennsylvania · decided 1799-05-15

Case. The plaintiffs declared on two counts. 1. That whereas the said Eve on the 1st June 1788, at the county aforesaid, agreed to serve the said Abraham for and during the term of four years then commencing, in consideration thereof, he the said Abraham, then and there upon himself did assume to pay to her, the said- Eve, what the service of the said Eve, should for the said term be reasonably worth.

Cited by 1 later decisions — most recently January 1837

Good law ✅— No negative treatment on recordhow we know

Decided 1799-05-15

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By the court.

¶1On the second count, the plaintiffs cannot recover, without they show the particular sum agreed on. If the first count on the quantum valebant had been generally for work, labor and service, and that the defendant had agreed to pay what it was reasonably worth, the evidence proposed, would be proper and relevant; but as the declaration states, that the agreement was, that the woman should serve four years, and in consideration thereof the defendant promised to make her a reasonable compensation, that agreement should be proved in the first instance. The allegata and probata must correspond ; and unless this special promise be shown, there is no ground on which defendants’s engagement can be founded.

¶2The plaintiff suffered a nonsuit.

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