Martin v. Bray

Citations

• 1 Monag. 155
• 16 A. 515
• 1889 Pa. LEXIS 1284

Syllabus

<p>In an action of covenant against copartners, the plaintiff offered in evidence an agreement sealed and executed in the firm name by one partner, to be followed by evidence showing previous authority or subsequent ratification by the other partners. The agreement was admitted, under objection and exception. Parol evidence was then given, without objection, that the other partners assented to the terms of the agreement before its execution and that the firm made shipments under the agreement and payments on account. Held, that it was not an error to admit the agreement, under the offer of evidence.</p> <p>Per Cüriam. — The defendant should have objected to the admission of the oral evidence or have called upon the court for some ruling in regard to it.</p> <p>Not decided, whether the decision in Hart v. Withers, 1 P. & W. 285, that. oral ratification is not sufficient, has been modified by the more recent, decisions.</p>