Feeney v. Maryland Casualty Co.

Citations

• 264 Pa. 46
• 107 A. 320
• 1919 Pa. LEXIS 589

Syllabus

<p>Contract — Written contract — Failure of minds to agree — Improper submission of case to jury — Province of court — Interpretation of correspondence.</p> <p>Where in an action on an alleged contract it appears that all of the negotiations between the parties were in writing, without any oral communications whatever, and that the last letter addressed by plaintiff to defendant was an absolute refusal of defendant’s offer, it is error for the court to submit to the jury the question whether a contract was in fact made; and if the jury return a verdict in favor of the plaintiff, a judgment on such verdict will be reversed. In such a case the interpretation of the correspondence and its legal effect are exclusively for the court.</p>