Bomgardner v. Swartz

Citations

• 26 Pa. Super. 263
• 1904 Pa. Super. LEXIS 301

Syllabus

<p>Contract — Parol evidence — Statute of frauds — Payment of debt of another — Consideration—Evidence—Documentary evidence.</p> <p>In an action of assumpsit on a parol contract, it appeared that while plaintiff was in the occupation of defendant’s land as a tenant, the United States government took possession of the land for temporary camping purposes, destroyed the fences, made excavations, and injured the land in various ways detrimental to both the tenancy and the reversion. Plaintiff and defendant entered into an agreement that the defendant should alone present a claim to the government, and that out of whatever the government paid as rent the plaintiff should be paid half and out of whatever was paid as damages he should receive $400. Defendant presented the claim and received $308.75 as rent and $1,195.58 for damages to the farm. He refused to account to plaintiff on the ground (1) that the agreement was a parol promise to pay the debt of another, and (2) that there was no consideration for it. Held, that neither ground was tenable and that plaintiff was entited to recover.</p> <p>In the above case, a paper styled “the itemized claim presented ” (by the defendant) “to the United States government,” without any explanation as. to how the paper came into court as an original paper, and without being authenticated as a copy, was properly rejected.</p>