First Evangelical Lutheran Church v. Gardner

Citations

• 28 Pa. Super. 82
• 1905 Pa. Super. LEXIS 140

Syllabus

<p>Contract — Subscription to church building fund — Evidence.</p> <p>In an action by an incorporated church to recover the amount of a subscription to the church building fund, it appeared that the defendant subscribed under a resolution which provided that “three-fourths of the probable costs of the completed building be raised by a subscription to be paid in installments covering a period not longer than three years.” No mention was made in the resolution of the cost of the church. When $34,000 was subscribed a contract was entered into for the construction of a building to cost $45,000. Subsequently, owing to a rise in building materials and labor, and change of plans, the cost was increased to an amount much greater than that stated in the contract; but additional subscriptions were secured, so that the fund subscribed was always at least equal to three-fourths of the final cost of the building. The additional subscriptions, however, were not all payable within the three years in which the original subscriptions were payable. Defendant claimed that he was relieved from liability because (1) the later subscriptions could not be added to the earlier ones to make three-fourths provided by the resolution; and (2) the later subscriptions were not payable within the original three years. Held, that the defendant's contention was unfounded, and that a judgment against him should be sustained.</p> <p>In the above case it was proper for the court to overrule an offer to show that the pastor of the church made a statement in regard to the meaning and intent of the resolution before its adoption, and what his understanding thereof was.</p>