Coble v. Zook

Citations

• 6 Pa. Super. 597
• 1898 Pa. Super. LEXIS 207

Syllabus

<p>Practice, G. P. — Effect of failure to demur.</p> <p>If a statement is defective defendant should demur; having joined issue and gone to trial he is bound by the evidence as shown in the testimony at the trial, especially when the same is received without objection on his part; it is then too late to set up want of consideration in the agreement sued upon.</p> <p>Question for jury — Credibility of witnesses.</p> <p>There being evidence, though conflicting, sufficient to sustain a verdict either way on the issue raised according as credibility is accorded to the testimony of one side or the other, the question is properly for the jury.</p>