Herring v. Weinroth

Citations

• 61 Pa. Super. 529
• 1915 Pa. Super. LEXIS 366

Syllabus

<p>Appeals — Findings of fad by trial judge• — Municipal Court of Philadelphia County.</p> <p>In. a case tried in the Municipal Court of Philadelphia County -without a jury, unless requests for findings of fact are presented to the trial judge, the disposition of questions of fact arising from the testimony will have the same effect and will be treated in the same manner as though the evidence had been submitted to a jury at common law. The Superior Court will not disturb the conclusions of the judge when based on proper evidence or inferences fairly deducible from such evidence.</p> <p>Where in such a case the issue is as to the terms or existence of a verbal contract of suretyship or guaranty the contradictions in the testimony, the course of dealing between the parties, the sense of the words used in connection with what the parties intended to express by them are questions of fact for the trial judge.</p>