Lemont v. Meindle

Citations

• 69 Pa. Super. 536
• 1918 Pa. Super. LEXIS 437

Syllabus

<p>Evidence — Stubs of checks — Contract.</p> <p>In an action for goods sold, where the defendant claims that the goods were sold to a corporation and not.to himself, he cannot establish such claim as a fact by merely offering in evidence stubs of the check book of the corporation showing payments to the plaintiff.</p> <p>Even if the cheeks had been received by the plaintiff, such payment did not estop the plaintiff from showing that the contract was in fact made with the defendant, and not with the corporation.</p> <p>Appeals — Assignments of error.</p> <p>On appeal from a judgment on a case tried by the court without a jury, an assignment of error is not self-supporting which simply states: “the learned court below erred in entering final judgment against defendant on the verdict in favor of the plaintiff.”</p>