Haydenville Mining & Manufacturing Co. v. Steffler

Citations

• 17 Pa. Super. 609
• 1901 Pa. Super. LEXIS 368

Syllabus

<p>Partnership — Evidence—Question for jury.</p> <p>In an action of assumpsit for goods sold and delivered where the plaintiff alleges that the goods were bought for a partnership of which the defendants were members, and the defendants deny this allegation, and the other evidence in the case as to the existence of the partnership is conflicting, the ease is for the jury.</p> <p>In an action for goods sold and delivered, where the plaintiff alleges that the defendants were partners of the person who bought the goods, and the evidence is conflicting as to whether the purchase was within the scope of the partnership business, the case is for the jury.</p> <p>Practice, G. P. — Trial—Charge of court — Review.</p> <p>In the absence of special request for more specific instructions, it is well settled that if no particular error of 'law or misstatement of the evidence can be pointed out, the court will be reviewed on the general effect of the charge and not upon sentences or paragraphs disconnected from the context which qualifies or explains them; if, as a whole, the charge was calculated to mislead, there is error in the record; if not, there is none.</p>