Pennsylvania Superior Court Reports Volume 75

Pennsylvania Superior Court Reports Volume 75

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... signed the contract as "owner." The agent procured a purchaser for the property at the price named in the written agreement. Defendant refused to conclude the transaction alleging that his wife declined to join in the sale. He claims that at _ the time the agreement of agency was executed there was a contemporaneous understanding that if Mrs. Smith would not join in the deed the matter would be dropped. Defendant's counsel sought to introduce this matter into the case by asking his client the question, "Will you state to the court the circumstances under which you signed the contract?" This being objected to, counsel stated, "I want to show that at the time he signed this contract, this agreement was entered into between Mr. Smith and Tyrone T. Hill." The objection was then made, that unless this was followed "by clear, precise and indubitable evidence of a parol contemporaneous agreement which induced the contract, supported by the testimony of two witnesses or one witness with corrobo Opinion of the Court. 75 Pa. Superior Ct. rating circumstances, which would be equivalent to the testimony of another witness, such evidence is entirely inadmissible under the well established rules of evidence." The court sustained the objection. This objection was evidently framed in conformity to the rule that such proof must be produced where the contract sought to be proven is at variance with the written contract. See Thompson v. Schoch, 254 Pa. 585, 590. We cannot convict the court of error in excluding thi testimony..The least that the plaintiff should have done in answer to the objection, was to have offered to prove a contemporaneous agreement which induced the signing of the contract sued...
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Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236810341
  • 9781236810342