Allum v. Nolle

Citations

• 25 Pa. Super. 220
• 1904 Pa. Super. LEXIS 43

Syllabus

<p>Contract — Payment—Premature suit — Evidence.</p> <p>In an action for goods sold and delivered it appeared that there was a written agreement between the parties by which the payment was not to be made until one year after the delivery. The plaintiff introduced evidence which tended strongly to show that subsequently defendant agreed to pay a certain amount on delivery and the balance in thirty, sixty and ninety days, in consideration of the plaintiff not charging him for certain extra hauling which the plaintiff had done. Suit was brought after the expiration of ninety days, but before the expiration of the year. Defendant claimed that the suit was prematurely brought. The whole case was submitted to the jury. Held, that a verdict and judgment for plaintiff should be sustained.</p>