Heiser v. Reynolds

Citations

• 263 Pa. 434
• 106 A. 888
• 1919 Pa. LEXIS 448

Syllabus

<p>Pleading — Practice, G. P. — Negligence — Deceit — Allegata et probata.</p> <p>1. A statement of claim which avers the breach of a contract to invest safely, sounds in negligence and not in deceit.</p> <p>Practice, G. P. — Trial—Objection not made at trial — Appeal.</p> <p>2. An objection not made at the trial cannot be reviewed on appeal.</p> <p>3. It is not error to fail to rule that .a paper operates as a general release, if the court is not specifically asked to do so, and evidence in regard thereto has been submitted by both parties.</p> <p>Release — Oonstruction of paper — Consideration — Evidence — Cross-examination.</p> <p>4. Where a receipt specifically refers to given matters, followed by general words which, if standing by themselves, might be held to operate as a general release, it will not be so construed unless upon a consideration of the whole of the evidence it appears to have been so intended.</p> <p>. 5. Where one who draws and executes a paper is called as a witness, and testifies that the paper was one of settlement, he may be asked on cross-examination whether the matter in litigation was included in the settlement.</p>