Amsler v. McClure

Citations

• 238 Pa. 409
• 86 A. 294
• 1913 Pa. LEXIS 984

Syllabus

<p>Contract — Modification—Accord and satisfaction — Statute of limitations.</p> <p>1. In a suit upon a contract providing for the payment of royalties to the plaintiff in a certain amount, which contract was later modified by providing for the payment of a smaller sum “until general business improved,” where the evidence indicates and the court finds that there was a general improvement of the business after a certain period, plaintiff is entitled to recover the difference between the lesser royalties which she received and the higher royalties which she should have received for all the time succeeding this general improvement and embraced within the statutory period of six years prior to suit, and the fact that plaintiff accepted the lesser royalties from time to time during this period, as specified in accounts rendered to her, does not preclude her from claiming the difference although she accepted checks for the lesser royalties with knowledge of the plaintiff’s claim that payments were in full.</p> <p>Equity, jurisdiction — Act of June 7, 1907, P. L. 1¡J¡0.</p> <p>2. Where a bill in equity is filed asking for discovery, and for a decree requiring defendant to pay plaintiff sums due her on contract, and there is no equitable ground for relief, the court may properly try the case without a jury, as an action at law, under the Act of June 7, 1907, P. L. 440.</p>