Barton v. Saylor

Citations

• 278 Pa. 149
• 122 A. 219
• 1923 Pa. LEXIS 491

Syllabus

<p>Contract — Marriage—Breach of contract — Damages — Evidence • — Charge—Statute of limitations.</p> <p>1. In an action for breach of promise of marriage, it is reversible error for the court to charge the jury that it could give additional damages, if, there is any evidence that defendant did anything to besmirch the character of the plaintiff, where there is no evidence that defendant in any way did so.</p> <p>2. An offer of evidence, not admitted, that plaintiff kept company at late hours with other men, after the time of the alleged breach, does not justify such charge.</p> <p>3. Where there is a breach of a contract of marriage the statute of limitations runs only from the time of the breach, and not from the time of the engagement.</p> <p>4. In such case it is immaterial what length of time may have elapsed between the date of the promise and the date of the breach, if neither party makes an attempt to cancel the engagement or pursues a course of conduct which might be construed as having that effect, and both treat the engagement as continuing by openly recognizing its existence.</p>