Kaufman v. Abeles

Citations

• 11 Pa. Super. 616
• 1899 Pa. Super. LEXIS 188

Syllabus

<p>Practice. C. P. — Compulsory nonsuit when error — Question for jury.</p> <p>A compulsory nonsuit being in legal effect substantially the same as a demurrer to the evidence it is error to withdraw the case from the jury if there be any evidence, beyond a scintilla, however slight, from which the jury may draw an inference favorable to the plaintiff.</p> <p>Where a conversation which is the basis of a contract sued upon admits of more than one interpretation, one of which would sustain the plaintiff’s contention, the question is for the jury on the proper interpretation and the credibility of the witnesses.</p>