Marbach v. F. A. North Co.

Citations

• 63 Pa. Super. 20
• 1916 Pa. Super. LEXIS 92

Syllabus

<p>Contract — Vue bill — Evidence.</p> <p>Where a due bill states on its face that it “is neither transferable nor negotiable, and is only payable by an allowance of the amount hereof on the leasing or purchase by the payee of a new piano at regular selling price,” and that it must be presented at the time of selection of new instrument, the payor is not justified in refusing to accept the bill where it is presented by a daughter of the payee acting for him, at a time when a third person under an agreement with the payee, has selected a new piano at the regular selling price for his own use; nor can the payor impose as a condition of the acceptance of the bill, that it should only be on the sale of a piano on the installment plan.</p> <p>In such a ease where the daughter of the payee is asked on cross-examination her reason for doing a certain act, objection cannot be made to her answer because it involved a statement as to certain information that her father gave her.</p>