Cronkrite v. Trexler

Citations

• 187 Pa. 100
• 41 A. 22
• 1898 Pa. LEXIS 1097

Syllabus

<p>Partnership — Dealing in lands.</p> <p>An unincorporated association organized to buy and sell lands is essentially a partnership.</p> <p>Partnership — Pule of court — Denial of partnership — Dand association. A rule of court which provides that in actions by or against partners the partnership shall be taken to be admitted as alleged on the record, unless one of the defendants before pleading shall file an affidavit denying the existence of the partnership in relation to the subject-matter of the action, includes partnerships in particular transactions, such as in the buying and selling of land.</p> <p>Evidence — Discrediting witness — Discretion of trial judge.</p> <p>The right to discredit a witness by proof of' contradictory statements without first calling his attention to them in order that he may have an opportunity to explain or reconcile them is a matter within the sound discretion of the trial judge, upon the circumstances before him. When the witness is a party his declarations out of court, as admissions, constitute independent evidence of themselves, and may be proved without first giving him an opportunity to explain.</p> <p>A letter written by the plaintiff, two years before his evidence was taken, to a person who was not a party to the transaction nor interested in it, and not contradicting any statements in his testimony, nor showing an admission against the right to recover, is properly excluded when offered by defendant, to discredit plaintiff’s testimony,.</p>