Beard v. Heck

Citations

• 13 Pa. Super. 390
• 1900 Pa. Super. LEXIS 166

Syllabus

<p>Question for jury — Debt of another — Statute of frauds — Original undertaking.</p> <p>The question whether a defendant agreed to pay a debt of another as part of an agreement to induce plaintiff to resume work on an operation assumed by defendant, is a question peculiarly and exclusively within the province of the jury. Such an agreement is an original undertaking and does not offend against the statute of frauds.. There is sufficient consideration for it.</p> <p>Charge of court — Motion to strike out testimony.</p> <p>The refusal to strike certain testimony from the record is not error where the trial court instructs the jury: “ So that is a matter entirely outside of this case and irrelevant and you have nothing to do with it; you need not consider it.” Such instruction disposed of such testimony as effectually as if it had been stricken from the record.</p>