Clever v. Hilberry

Citations

• 116 Pa. 431
• 19 W.N.C. 486
• 9 A. 647
• 1887 Pa. LEXIS 409

Syllabus

<p>1. When a plaintiff has testified in his own behalf in his ease in chief to facts necessary to warrant a recovery, and the case made has been met by opposing testimony on the part of the defendant, it is incompetent in rebuttal to prove the declarations of the plaintiff made almost ^immediately before suit, consonant with the facts shown in his case in chief.</p> <p>2. The defendant received from the plaintiff a conveyance and transfer of all her estate, in consideration of which he gave to her a bond in $1,250 conditioned for her support during her life in his household. Alleging a breach of the bond she left him, and brought suit. On the trial, the court below (1) refused to admit evidence on the part of the defendant that, when the conveyance and bond were exchanged, it was agreed that the»defendant was not to be held upon the bond for more than the value of the land conveyed, that he then had no knowledge of the true value, and that it was in fact much less than the amount of the bond; (2) and instructed the jury that the defendant was not excused from performance' by the fact that the plaintiff did not complain to him of the grounds upon which she left his home: Held, not error.</p>