Costa v. Musumando

Citations

• 34 Pa. Super. 496
• 1907 Pa. Super. LEXIS 168

Syllabus

<p>Evidence — Writing—Contradiction of witness.</p> <p>■ In an action of assumpsit where the plaintiff alleges that he and the defendant purchased land under an agreement in writing, that the plaintiff had furnished a part of the purchase money which the defendant had agreed to repay him, the deed being taken in the defendant’s name, the defendant may offer in evidence the agreement in question showing that the plaintiff’s wife, and not the plaintiff, was the person who with the defendant signed the agreement. Such an offer is admissible, first, as being evidence of the contract for the purchase of the land, and, second, as contradicting the plaintiff.</p> <p>In an action of assumpsit where the plaintiff testifies to a demand which he had made upon the defendant based upon the claim involved in the suit, the defendant may show that the demand in question was made by the plaintiff for an entirely different purpose.</p>