Hutchinson

The opinion of the Court was delivered by

This was an action of indebitatus assumpsit, brought by the plaintiff to recover the value of the services of himself and wife, for four months’ labour upon and about the farm of the defendant.

The bill of exceptions shows that the plaintiff agreed to labour for eight months at the rate of $100 a month for himself, and $100 for his wife; that at the expiration of four months he abandoned his contract, without any fault of the defendant; that by the agreement the defendant was to give the plaintiff his note at the end of four months, payable at the expiration of his term of service; and that the wages for the last four months were not to be paid until the expiration of eight months from the commencement of his contract.

The Court below, sitting as a jury, found that the plaintiff had engaged to work for eight months, and gave a judgment for'the plaintiff for four months services, deducting $200 damages sustained by reason of his leaving the employment of the defendant; from which the defendant appealed.

*312 The only question for our determination in this case is, whether the contract was .an entirety or not. The rule is well settled,…