Carson v. Hosiery Co.

Citations

• 15 Pa. Super. 476
• 1900 Pa. Super. LEXIS 386

Syllabus

<p>Appeal — Practice, Superior Court — Binding instructions.</p> <p>When the court below gives binding instructions against a plaintiff, he ought upon appeal to print the statement of his cause of action as presented to the court below, in order that the question upon which the court passed may be plain.</p> <p>Contract — Construction—Province of court.</p> <p>Where the contract is in writing and there is no ambiguity upon the face, and there was no evidence which would have warranted a finding that any word therein used had, with regard to that particular subject-matter, a technical meaning different from that which it ordinarily conveyed, the construction of such contract is for the court.</p> <p>There is ho error where the trial court gave binding instructions for the defendant, where the plaintiff claimed by reason of his discharge under a contract of employment before the expiration of the term because of his refusal to live up to the terms of the agreement, such contract being construed with a view to the general purpose which the parties were seeking to accomplish when they formulated the details of the arrangement.</p>