Germain Fruit Co. v. Thomas Roberts & Co.

Citations

• 8 Pa. Super. 500
• 1898 Pa. Super. LEXIS 87

Syllabus

<p>Evidence — Latitude of cross-examination.</p> <p>The rule requiring testimony to be confined to the point in issue is less strictly enforced in the cross-examination of witnesses than in their examination in chief. When the sole object of the cross-examination is to ascertain the accuracy or credibility of a witness and is confined to matters to which he has testified in chief, there is no ground for reversal. Tor this purpose a witness may sometimes be cross-examined as to collateral facts although the cross-examiner may be bound by his answers, and will not be permitted to contradict them.</p> <p>Contract — Time as essence of contract — Waiver.</p> <p>If time be made of the essence of the contract that may be waived by the conduct of the purchaser; and if time is once allowed to pass and the parties go on negotiating for completion of the purchase then time is no longer of the essence of the contract.</p> <p>Contract — Estoppel by waiver of terms.</p> <p>When a party to a contract induces another to act upon the reasonable belief that he will waive certain rights or terms he will be estopped to insist upon such rights or terms to the injury of one misled by his conduct.</p>