Lenz v. Spencer

Citations

• 28 Pa. Super. 31
• 1905 Pa. Super. LEXIS 128

Syllabus

<p>Contract — Evidence—Parol evidence — Changing written instrument.</p> <p>In an action to recover the price of 6,000 butter boxes, sold and delivered upon a written order specifying that number of boxes, the plaintiff’s agent testified that he read the order to the defendant’s agent precisely as it was written, and that the defendant’s agent then took it, signed it, and returned it. Defendant’s agent, who was an intelligent business man, testified that he did not read the order, and that it was read to him as 2,000 butter boxes, and not as 6,000. Another witness testified that she understood the order was read as 2,000 boxes, but subsequently she was unable to say whether it was 1,000 or 3,000 boxes each. Held, that the evidence was insufficient to vary the written instrument.</p> <p>Practice, C. P. — Evidence—Reference—Exceptions—Appeal.</p> <p>Where a case has been tried on its merits by a referee and argument has been had in the court below on numerous exceptions to the referee’s findings of fact and law, in which argument both sides have used the stenographer’s notes of testimony, the appellate court will not listen to an objection that the notes of testimony were not certified by the referee, and were not before the court below.</p>