Harris v. Sharpless

Citations

• 15 Pa. Super. 643
• 1901 Pa. Super. LEXIS 403

Syllabus

<p>Evidence — Contract—Prior conversations — Parol evidence.</p> <p>In an action upon a contract in writing, evidence of conversations held prior to the execution of the contract are inadmissible to change the terms of the contract.</p> <p>Contract — Performance—Question for jury.</p> <p>In an action on a contract for furnishing catalogue covers ornamented with lithographic work, it appeared that after the proof had been submitted defendant wrote to plaintiffs, ‘ ‘ The print as now made will be satisfactory if the covers furnished will be equal to these in good effect.” Plaintiffs acknowledged this letter, quoting in effect its terms and stating that they would proceed to print. When the covers were delivered, the defendant found that the plaintiffs had added their imprint. The trial judge left it to the jury to determine whether the difference between the proof and the finished work rendered the covers of appreciably less artistic virtue and attractiveness and usefulness for the purposes to which the defendant contemplated applying them. Held, that the charge was correct and that a verdict and judgment for plaintiffs should be sustained.</p>