Koons v. Swartz

Citations

• 47 Pa. Super. 217
• 1911 Pa. Super. LEXIS 137

Syllabus

<p>Land law — Boundaries—Conflicting testimony — Case for jury.</p> <p>1. In an action of trespass for cutting timber where the case turns upon the location of a particular boundary described in the deeds by joinders without course, distances, or named monuments, and the evidence is hopelessly conflicting, the case is for the jury.</p> <p>Evidence — Offer of compromise.</p> <p>2. Where an offer by a defendant to pay a nominal sum of money is for the mere purpose of compromise, and to avoid trouble and expense of litigation, it cannot be treated as an admission that the sum offered, or any other amount, was due by the defendant to the plaintiff.</p>