Hires & Co. v. Norton

Citations

• 6 Pa. Super. 457
• 1898 Pa. Super. LEXIS 178

Syllabus

<p>Appeals — Practice, Superior Court — Assumption based on motive dehors the record.</p> <p>The appellate court is not warranted in going outside of the record in search of questions of fact not fairly raised by the evidence. Where under the admitted facts a plaintiff has made out a prima facie case on a mechanic’s claim, and the defendant offers in evidence a single clause of a contract between him and the contractor, the appellate court will not assume it was the contract under which the buildings were erected.</p>