Hunt v. Donahoe

Citations

• 57 Pa. Super. 373
• 1914 Pa. Super. LEXIS 207

Syllabus

<p>Contract — Sale—Failure to deliver — Damages.</p> <p>1. In an action to recover damages for failure to accept delivery of goods purchased by defendant where the issue at the trial was whether the goods had or had not been ready and offered for delivery, and the issue is decided by the jury for the plaintiff, the defendant cannot complain on appeal that the court erred in not giving adequate instructions as to the measure of damages, where no request was made for instructions as to damages, and the evidence itself showed that there was no sound reason in either law or morals why the plaintiff should not be permitted to recover the value of his bargain.</p> <p>Evidence — Parties—Call of witness as for cross-examination — Partnership.</p> <p>2. A defendant may call as for cross-examination a witness where it appears that the witness although not a party to the record, was practically a partner of the plaintiff, and a person for whose immediate benefit the action was defended.</p>