Fry v. Flick

Citations

• 10 Pa. Super. 362
• 1899 Pa. Super. LEXIS 290

Syllabus

<p>Appeals — Practice, O. P. — Absence of request for specific instructions— Question for jury.</p> <p>In the absence of objections to the evidence and of a request for specific instructions a trial judge commits no error in submitting the issue of fact raised by it to the jury for their determination.</p> <p>Appeals — Defective assignments — Pule of court.</p> <p>Specifications of error are defective, and violate Rules 15 and 16, which challenge, in general terms, the charge of the court in not deciding given questions of law, without reciting the charge or disclosing specific requests to so charge.</p> <p>Estoppel in pais — Province of court and jury.</p> <p>In a suit to recover damages for breach of parol contract for sale of land it would be error to charge the jury, as a matter of law, that the plaintiff was estopped by matters in pais which were the pivotal facts in the case and which being in dispute were properly submitted to the jury under proper instructions.</p>