Chicago Cottage Organ Co. v. McManigal

Citations

• 8 Pa. Super. 632
• 1898 Pa. Super. LEXIS 101

Syllabus

<p>Evidence — Parol stipulation inducing written contract.</p> <p>Where the parol stipulation is the inducing cause to the execution of a written instrument the law will give relief by admitting evidence of such parol stipulation if the evidence is of a perfectly clear and satisfactory-character.</p> <p>Evidence — Province of court — Admixture of oral and written evidence for the jury.</p> <p>When matters of fact, depending on oral testimony are connected with, and necessary to, a proper understanding of the written evidence, the court is not bound to construe the latter as if it stood alone. An admixture of oral and written evidence draws the whole to the jury.</p> <p>Principal and agent — Unauthorized acts — Ratification by suit.</p> <p>The unauthorized acts of an agent beyond the limits of his authority, do not bind the principal unless the principal subsequently ratifies and confirms the contract but this ratification occurs when the principal sues on the contract made by the agent; he must take the benefit derived from the contract cum onere.</p> <p>Evidence — Husband and Wife — Wife an independent witness — Credibility for jury.</p> <p>A husband and wife can testify in favor of each other if no other objection than the fact of marriage be interposed and the wife’s evidence, properly admitted, must be considered by the jury as that of an independent witness. The relation to her husband may influence her testimony to a greater or less degree, but her credibility like that of a father, child or friend, is for the jury.</p>