Ferrell v. Reed

Citations

• 14 Pa. Super. 27
• 1900 Pa. Super. LEXIS 2

Syllabus

<p>Appeals — Charge of court — Immaterial error.</p> <p>The appellate court will not reverse for error in the charge of the court where it is manifest that appellant was not injured by such error.</p> <p>Contract — Lost letter — Parol evidence — Question for jury.</p> <p>Where a contract was made by letter and acceptance thereof, and the letter being lost the parties respectively attempted to establish its contents by parol and their testimony differed as to the proposition contained therein, there was no error in instructing the jury “ it will be for you to determine from the evidence you have how the matter stands.”</p> <p>Harmless error — Interpretation of contract.</p> <p>Where the foundation of the action was an express contract about which the evidence was contradictory as to the theory of the payment of commissions earned, there is nothing to authorize a mutual account based upon a quantum meruit, and it was error to instruct the jury that they might state such an account, but when the verdict discloses that the jury adopted the defendant’s theory the court will not be reversed for an obviously harmless error.</p>