Coverdill v. Heath

Citations

• 12 Pa. Super. 15
• 1899 Pa. Super. LEXIS 198

Syllabus

<p>Evidence — Explanation of mistake in book entry.</p> <p>In a suit on a sei. fa. sur mechanic’s lien evidence is admissible tending ,to explain an error in the charge made by plaintiff in his book account.</p> <p>Defective assignment — Buies of court.</p> <p>An assignment of error is defective which contains neither the testimony of the witness bearing on the question, whether the book was one of original entry, nor any part of the account objected to.</p> <p>An assignment of error is defective which gives only the offer of proof objected to and fails to give the evidence received to sustain the offer.</p> <p>Mechanic's lien — Sale on credit of building — Charge of court.</p> <p>The jury having been instructed that the plaintiff’s books standing alone did not show a sale and delivery to the credit of the building, it is proper for the court at the same time to call attention to other evidence which if believed supplied the missing link indicated by the point.</p> <p>Mechanic's lien — Articles used in construction — Question for jury.</p> <p>The law does not impose upon, the court the duty of deciding, as a matter of law, what can and what cannot be used in the erection of a building. This is a question for the jury.</p>