Glatfelter v. Mendels

Citations

• 46 Pa. Super. 562
• 1911 Pa. Super. LEXIS 315

Syllabus

<p>Evidence — Demand—Self-serving evidence — Correspondence.</p> <p>1. In an action of assumpsit where it is necessary for the plaintiff to prove demand in order to lay the foundation for recovery he may introduce in evidence a letter addressed by himself to the defendant, and such letter is admissible as a whole, although it may contain statements which are self-serving; and this is especially the case where there is in evidence the defendant’s reply containing a vigorous denial and giving the attitude of the defendants with reference to the plaintiff’s statement.</p> <p>Trial — Charge—Points—Request for additional instructions.</p> <p>■ 2. Assignments of error to the effect that the court below did not specifically charge as to certain matters will not be considered, where no request for such instructions on such matters was made; and this is especially so where it is admitted that the court’s answers to points submitted were technically correct and the complaint is that the court should have added something thereto.</p> <p>Contracts — Instruction—Trade names.</p> <p>3. Where a word has acquired a particular meaning in a trade or business that meaning may be applied in construing a contract containing such word.</p>