Lehigh Valley Coal Sales Co.

<p>Error to the Court of Common Pleas of Chester County : Of January Term 1882, No. 227.</p> <p>Assumpsit, by Jacob Houck and Anne Houck, his wife, against Hiram Houck and Jacob Houck, executors of the will of Jacob Houck, deceased, “ for work, labor and services performed by the plaintiff at the special instance and request of the said Jacob Houck, deceased.” The narr. also contained a count for “ wages or salary of the said Anne Houck .... as the hired servant of the said Jacob Houck, deceased.” Pleas, non assumpsit; non assumpsit infra sex annos; payment; payment with leave, &c., and set-off.</p> <p>On the trial, before Futhey, P. J., the facts appeared be as follows : — The plaintiff, Anne Houck, lived with her parents Jacob Houck, Sr., and Mary Houck, on their farm, performing household work, and taking care of her parents, both of whom were old and diseased. In 1878, she married Jacob Houck (her cousin) who lived on the farm as a hired hand. She and her husband continued to live on the farm after their marriage in the same manner as before, for about two years, until her mother’s death, when they moved away. Her father died about a year and a half later. By his will Anne was left an equal share with his other children. About two months after his death Anne made a demand on his executors for the payment of wages as a domestic servant, and for nursing her mother, for a year and three months prior to her mother’s death. This demand being refused, this suit was brought. No express promise of payment for services was shown.</p> <p>The defendant presented the following points :</p> <p>1. The relationship of the parties is such that under the evidence the jury must find for the defendants. Eefused.</p> <p>2. The time which elapsed after the ' alleged claim accrued, and before any demand was made, such that the presumption of law, under the facts in this case, is ‘ either that the wages have been paid, or that the services were performed on the footing that no payment