General Roofing Manufacturing Co. v. Greensburg Title & Trust Co.

Citations

• 71 Pa. Super. 373
• 1919 Pa. Super. LEXIS 114

Syllabus

<p>Practice, G. P. — Exceptions to charge — Leave of court — Appeals —Assignments of error.</p> <p>Assignments of error directed,, to alleged errors in the charge of the court, and answers to points, are defective, when they were taken after the jury had retired,- and without leave of court.</p> <p>Principal and agent — Failure to carry out instructions — Case for jury.</p> <p>In an action of assumpsit, resulting from the failure of defendant to follow instructions of plaintiff, in the delivery of a bill of lading, the case is for the jury where the facts of the defendant’s agency and the failure to obey instructions, are disputed.</p> <p>Practice, G. P. — Motion for judgment n. o. v. — Partial defense.</p> <p>Where a return of goods is alleged as a defense to a claim, the question is not properly raised under a motion for judgment n. o. v., for it is a defense to only part of the claim, and cannot be a basis for binding instructions to find a verdict for the defendant.</p>