Hinsdale v. Call

Citations

• 78 Pa. Super. 121
• 1921 Pa. Super. LEXIS 352

Syllabus

<p>Practice — Practice Act of 1915 — Implied assumpsit — Pleadings —Sufficiency.</p> <p>There is no provision of the Practice Act of 1915 which forbids a claim on an implied assumpsit. If the plaintiff’s statement contains a recital of the facts, out of which the action arises, and gives the defendant clear and definite information of the demand, it is too late after the case has gone to trial and a verdict been rendered to object that recovery was allowed on an implied assumpsit where the statement set forth an express contract.</p> <p>Practice, Superior Court — Appeal—Question not raised in court below.</p> <p>Where a case was tried in the lower court on an issue of fact, and no objection was made to the form of the plaintiff’s statement the Superior Court will not consider, upon appeal, a question of law not properly presented to the trial court for determination.</p>