Bixler & Correll v. Lesh

Citations

• 6 Pa. Super. 459
• 1898 Pa. Super. LEXIS 179

Syllabus

<p>Contracts — Construction—Province of court and jury.</p> <p>If a contract is verbal, it is, of course, the exclusive province of the jury to ascertain what the parties meant; if it is in writing, its construction is for the court. The sense of words used in connection with what the parties intended to express by them is exclusively for the jury.</p> <p>Promissory notes as payment of debt — Presumption— Question for jury.</p> <p>If one indebted to another gives his negotiable promissory note for the amount without any new consideration, the acceptance of the note does not operate as payment or satisfaction, unless so intended by the parties, and this is a question for the jury if there be any evidence going to show-such intention.</p>