B. W. Payne & Sons v. Noon

Citations

• 5 Sadler 274

Syllabus

<p>A mere omission to. refer, in charging a jury, to all the evidence is not ground for reversing a judgment.</p> <p>Cross-examination must be confined to matters which have been stated in the direct examination. A party will not be permitted to lead out new matter, constituting his own case, by cross-examination of his adversary’s witnesses.</p> <p>The admission or rejection of so-called expert testimony is a preliminary question, within' the discretion of the court below; and unless it appears that the discretion was abused, its exercise is not ground for reversal.</p> <p>In an action to recover the price of machinery warranted to do specified work, but proved incapable, the plaintiff is only entitled to the price, less the difference between the value of the machinery furnished and the value of the machinery contracted for.</p> <p>Note. — For the duty of the court to charge upon the evidence, see note to Frothingbam v. Laflin & It. Powder Co. 8 Sad. Rep. 29.</p> <p>For the measure of damages for breach of contract, see note to Philadelphia & R. Coal & I. Co. v. Hoffman, 1 Sad. Rep. 405, and Mobley v. Morgan, 8 Sad. Rep. 105.</p>