Krimmel v. Moss Cigar Co.

Citations

• 237 Pa. 253
• 85 A. 154
• 1912 Pa. LEXIS 926

Syllabus

<p>Corporations — Agreement by president — Building contract — ■ Evidence.</p> <p>1. In an action against a corporation upon a verbal contract alleged, to have been entered into by the president of the defendant corporation as agent for his company, and the plaintiff, a sub-contractor engaged in erecting brick work on defendant’s building, the case is for the jury and a verdict against the defendant will be sustained where it appeared that the prin* cipal contractors had failed; that a sum of money was due from them to the plaintiff and that the latter had refused to go on with the work until paid; that the president of the defendant company, who was actively engaged in completing the building, saw the plaintiff and requested him to proceed and upon his refusal agreed to pay him the balance due and the contract price for. finishing the work, whereupon the plaintiff resumed operation; that the president made other contracts which were ratified by his company; and that there was no reason why the president should have contracted in an individual capacity.</p> <p>2. In such a case the question whether a receipt given by the plaintiff “in full payment of account to date,” and also whether an attempt by the sub-contractor to collect the sum due him from. the principal contractor by mechanic’s lien were inconsistent with the contract as alleged by the plaintiff is for the jury.</p> <p>Practice, C. P. — Improper remarles of counsel — Objection—Failure to talee exception.</p> <p>3. A new trial will not be granted because of the refusal of the court to withdraw a juror by reason of the use of improper language where upon objection the court compelled the attorney1 to withdraw his statement and the opposing counsel made no further objection and took no exception. Under such circumstances the inference is that counsel waived any objection they might have made to the improper remark.</p>