Hertzog v. Hertzog
Pennsylvania Supreme Court
29 Pa. 465 (1857)
John Hertzog (plaintiff) was the son of George Hertzog. John lived with George and worked for him on George’s farm. After getting married, John returned with his wife to his father’s farm and continued to work for his father. George transferred John to another farm he owned and later joined John there, living with John and his wife until George died in 1849. John brought a lawsuit against his father’s estate (defendant) for compensation for services that John had rendered his father. At trial, witnesses testified that the money raised as a result of John’s labors had helped to pay for the farm. The witnesses also testified that George had told them that he would pay John for the labor, that John had frequently spoken to his father about receiving payment, and that George had put John off. No accounts were kept between father and son. The court awarded judgment to John. George’s estate petitioned the state supreme court for a writ of error to review the lower court’s decision.
Rule of Law
Holding and Reasoning (Lowrie, J.)
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