Cox v. Burdett

Citations

• 23 Pa. Super. 346
• 1903 Pa. Super. LEXIS 72

Syllabus

<p>Evidence — Parol evidence — Written agreement.</p> <p>Where a writing purporting to be an agreement shows on its face the signatures in a space between two portions of the writing, it may be shown by parol evidence that the writing as a whole constituted the agreement, that all of the writing was on the paper at the time of signing, and that the signatures had been placed above part of the agreement because the place for the signatures had been arranged before such part had been added. Such evidence is not intended to contradict in any way a written agreement by parol.</p> <p>Replevin — Evidence—Question for jury.</p> <p>In an action of replevin for a portable sawmill it appeared that the mill had been leased under a contract of bailment by the plaintiffs to the defendants. In this lease it was provided that if the defendants paid to plaintiffs a certain sum named, the mill should become the property of defendants. The defendants alleged that a part of the agreement was that the plaintiffs should furnish sufficient timber to keep the mill in constant operation, and that plaintiffs had violated this agreement. They also alleged that after this default plaintiffs admitted that they had violated the terms of their agreement, and told defendants to take the mill and do the best they could with it. This was denied by plaintiffs. A letter was offered in evidence written by plaintiffs to defendants in which they spoke of the mill as “ your mill.” Held (1) that the letter offered in evidence was properly admitted; (2) that the ease was for the jury as to whether the original agreement of bailment had been canceled, and the mill delivered to defendants in pursuance of that cancelation; (3) that a verdict and judgment for defendants should be sustained.</p> <p>Replevin — Measure of damages — Modification of judgment — Appeals.</p> <p>In an action of replevin where the defendants retains the property the measure of damages is ordinarily the value of the property and damages