Byrne v. Stewart

Citations

• 124 Pa. 450
• 17 A. 19
• 1889 Pa. LEXIS 1049

Syllabus

<p>1. In an action upon a note given to the plaintiff in part payment for a butcher-shop and fixtures sold, it is not error to refuse testimony of an overstatement by the vendor of the value of fixtures which were within the observation of the purchaser, as a defence to a suit for the price agreed to be paid.</p> <p>2. But where the plaintiff has adduced evidence that the property sold embraced the good-will of the shop, as well as the fixtures, as the goodwill was dependent upon the business it represented, it was error to refuse an inquiry, on cross-examination, as to how much business was done there.</p>