Gorman v. Bigler

Citations

• 8 Pa. Super. 440
• 1898 Pa. Super. LEXIS 75

Syllabus

<p>Evidence — Stating objections to admission waives those not stated.</p> <p>Where a party opposing the admission of evidence enumerates his objections, all that are not enumerated are waived.</p> <p>Contract — Cause of action — Question of fact.</p> <p>Evidence disclosed a judgment on a mortgage including costs and commissions and a sheriff’s sale to the mortgagee; the mortgagor sued the mortgagee on an agreement to waive the cost, etc., if the mortgagee, u^ayitiff, procured a purchaser for the property for face of debt and interest. Held, that the evidence disclosed facts and circumstances from which a valid contract could be inferred and that a good cause of action was made out. The question was one purely of fact for the jury.</p> <p>Practice, C. P. — Trial on merits — Pleading—Demurrer—Verdict.</p> <p>A case having been submitted by Lhe parties on the testimony touching the merits of the plaintiff’s claim and given to the jury on that testimony with suitable instructions, it is too late to object on appeal to the declaration, on the ground of informality or inadequacy; this should have been done in the established way by demurrer. In the case at bar the issue as joined required proof of a defectively stated contract, and, after a trial on the merits, omissions in the declaration will not defeat the verdict.</p>