Gibson v. Campbell

Citations

• 242 Pa. 551
• 89 A. 662
• 1914 Pa. LEXIS 689

Syllabus

<p>Contracis — Assumpsit — Evidence — Cross examination — Witnesses — Irrelevant evidence — Refreshing recollection — Copies of hook of original entries.</p> <p>1. A witness, when testifying with regard to items of charge made by him, may refresh his memory by reference to a book kept under his supervision at the time of the charge, and to a copy of pages lost from the book at the time of the trial, which copy had been made under his direction and supervision.</p> <p>2. In an action of assumpsit to recover a balance alleged to be due on a verbal contract for hauling, plaintiff claimed on the basis of $100.00 a month as the agreed hire of himself and his team during the period of the contract, and further amounts for board for his teamster, which he alleged defendants agreed to pay, and for extra hauling. Defendants admitted the contract for hire, but denied that they agreed to pay board for plaintiff’s teamster, or that plaintiff furnished teams as required by the contract, and alleged that the charge for the extra hauling was excessive. The court refused to permit defendants to cross-examine plaintiff as to where he had expended the amounts claimed for board, because the affidavit of defense, which had the effect of a pleading under a rule of court, merely denied that defendant agreed to pay the board of the teamster, but did not allege that the claim for board was excessive. Held, no error.</p> <p>3. It is reversible error for the court in such case to admit evidence for plaintiff of a prior contract with defendants, providing that plaintiff should receive $100.00 a month for his services, where such evidence was introduced under a promise to follow it up by testimony that the defendants had admitted that they were compelled to pay plaintiff more than under the former contracts, and no evidence of such admissions was introduced.</p>