order to accept the position, such as the removal of himself and his things to a new place; or if he has given up a position of some value in order to enter the employment.'
The fact that plaintiff was employed at a yearly salary, of course, was not by itself sufficient to prove that there was a contract for a year. But there is considerable evidence in the case other than the salary period to indicate that the contract was to be for the duration of a year. The new position was a very important one for both parties. It was of a kind such that a temporary appointment would not be likely to be made since the project which defendant and plaintiff entered upon was a difficult and a lengthy one. By moving himself and his household from Memphis to Philadelphia to accept the position plaintiff made an important change in his general relations. Also, when the parties were discussing the prospective employment, they talked about plaintiff's salary during the second year, thereby indicating that both parties expected him to be employed for at least a year. Defendant said nothing to indicate that it believed otherwise. There were ample facts in the case to warrant its submission to the jury and to uphold the jury's verdict.
There are numerous Pennsylvania decisions which justify the submission of the case to the jury. See Weidman v. United Cigar Stores, 223 Pa. 160, 72 A. 377; Jones v. Pittsburgh Mercantile Co., 295 Pa. 219, 145 A. 80; Lucacher v. Kerson, 158 Pa.Super. 437, 45 A.2d 245, affirmed 355 Pa. 79, 48 A.2d 857; Smith v. Shallcross, 165 Pa.Super. 472, 69 A.2d 156.
Defendant contends that error was committed in the manner in which the jury's verdict was received. The court charged that if the verdict should be in favor of the plaintiff it would have to be in a certain amount of money,
but the jury's verdict at first was only 'in favor of the plaintiff' and did not state what the amount of the verdict was. When reminded by the court that it would have to determine the amount of the verdict, the jury, in the jury box, with the permission of the court, proceeded to calculate the amount of the verdict including the interest in the presence of the court and counsel for both sides. Plaintiff's counsel helped somewhat in the calculation of the interest. I am satisfied that the verdict and the amount of the verdict were arrived at by the jury acting intelligently and without persuasion or interference on the part of anyone. I am satisfied that no error was committed, but, certainly, if there was error it did not affect the substantial rights of the parties and, therefore, the error, if any, was harmless and not ground for a new trial. See Rule 61, Federal Rules of Civil Procedure, 28 U.S.C.
Defendant's motion for a new trial is denied. Defendant's motion for judgment in its favor notwithstanding the verdict is also denied.