Cluck v. Lackey

Citations

• 78 Pa. Super. 100
• 1921 Pa. Super. LEXIS 349

Syllabus

<p>Practice, G. P. — Assumpsit—Actions—J'oint action — Right to bring subsequent separate action — Instruction to jury.</p> <p>In an action of assumpsit, for repairs to a house, it was not error for the trial court to charge the jury that plaintiff, having chosen to bring a joint action against two defendants, could not recover if they should find that one of the defendants had not ordered the repairs, and had not promised or agreed to pay for them.</p> <p>It was not error to instruct the jury that, if plaintiff failed in his joint action, by reason of failure to prove a joint liability, it would not deprive him of the right to bring, subsequently, a separate suit against one of the defendants.</p> <p>Practice, Superior Court — Appeals—Charge of the court — Assignments of error.</p> <p>Where assignments of error relate to the charge of the court, complaining that it was inadequate, unfair and not impartial, the charge itself, taken as a whole, is, and must be, the test by which the question must be decided.</p>