Empire Galvanizing Co. v. Maser

Citations

• 77 Pa. Super. 453
• 1921 Pa. Super. LEXIS 291

Syllabus

<p>Contracts — Contracts for sale of automobile — Compliance with contract — Parol contradiction of written contract — Evidence—Insufficiency.</p> <p>On a rule to open a judgment, entered on a judgment note given in the sale of an automobile, the defense alleged that the plaintifE had agreed to install a new engine, if necessary. The written contract provided as follows: “We agree to have the ear looked over by the Auto Car Company and replace all broken parts and adjust brakes and tune up engine.”</p> <p>. The undertaking of the plaintifE with respect to repairs having been set forth in the bill of sale, and there being no competent offer of evidence to qualify the terms of the written obligation of the plaintiff to repair, or to show that such obligation had not been complied with, the trial judge properly directed a verdict in favor of the plaintiff.</p>