Knowlan v. Clopp

Citations

• 29 Pa. Super. 424
• 1905 Pa. Super. LEXIS 347

Syllabus

<p>Practice, C. P. — Rule of court — Evidence—Copy of booh account.</p> <p>A rule of court which relieves a plaintiff from producing books of account where a copy of the account is attached to the sworn statement of claim, does not give th.e plaintiff the right to offer his statement of claim in evidence in addition to a copy of the book account. The offer must be limited to the book account.</p> <p>Practice, C. P. — Trial—Charge—Inadequate charge.</p> <p>In an action for work done and performed, the defendant alleged that the work was done under an express contract containing a guaranty, that the work was defectively performed, and that plaintiff had failed to make good his guaranty. Defendant further claimed a set-off by reason of damage resulting from the defective character of the work: The plaintiff denied that the work was done under the contract alleged by the defendant, or that any guaranty of the repair work was given, or that there had been a breach of the guaranty with reference to new work. The court in its charge made no reference to the evidence of an express contract, nor to that bearing upon the allegation of warranty, nor was any instruction given with reference to the claim of set-off. Held, that the charge was inadequate and' that the judgment should be reversed. .</p>