Lauer Brewing Co. v. Chmielewski

Citations

• 206 Pa. 90
• 55 A. 841
• 1903 Pa. LEXIS 653

Syllabus

<p>Judgment — Opening judgment — Evidence—Appeals.</p> <p>A judgment for goods sold and delivered will not be opened on the ground that the defendant was overcharged, where it clearly appears that he had received a postal card with notice of each consignment charged to him, had made no complaint at the time, had gone over his account at the plaintiff’s office, and had agreed upon a balance and paid it, at adate subsequent to many of the items to which he objected.</p> <p>On an appeal from an order refusing to open a judgment entered on a bond, the defendant cannot claim in the appellate court that he was erroneously sued as a purchaser, when as a matter of fact he was described in the bond as an agent of the plaintiff, if he made no such claim in the court below.</p>