Burroughs v. Langley

Tuck, J., delivered the opinion of this court. This is an action of assumpsit by the appellee against the appellant. The declaration contained two Counts, one for work and labor, care and diligence,- and the other on a quantum meruit for such services. The defendant pleaded the general issue and relied also on an account in bar.

At the trial the plaintiff proved, “that he' had acted in the Capacity of overseer for the defendant, for the year 1851, and part of the year 1852, and also, that a fair sum for a good overseer for such a farm as the defendant’s, was $150 per annunn” The defendant proved his account in bar, and that, “during the year 1851 the plaintiff frequently neglected his work by frolicking and dissipation, and that in the year 1852, without any cause known to the witness, nor was any cause offered in proof by the plaintiff, he, the plaintiff, ceased to work or give any attention to the farm or his business, as overseer, and wholly gave i't up, to the great prejudice of the defendant, deserting his occupation about July of that year, al a very busy time; that his- family con ²⁵⁰ tinued oil the farm until November, when they all left; and that it was the universal custom of farmers in the county to employ overseers by the year.” Upon this evidence the defendant prayed the court to instruct the jury, “that if they find from the evidence, that the.defendant employed the plaintiff as his overseer for the entire year 1852, and that in July, without good cause, he left the employment of the defendant, and ceased to give any further attention to his business, and