Mason Fruit Jar Co. v. Solomon Smucker & Co.

Citations

• 174 Pa. 87
• 34 A. 553
• 1896 Pa. LEXIS 851

Syllabus

<p>Contract — Receipt—Settlement of disputes — Interest.</p> <p>Plaintiff sold a lot of fruit jars to defendants about which a dispute arose wliich was finally settled by defendants giving plaintiff an order for a number of fruit jars and their notes for the price. Plaintiff gave a receipt for the notes in which it said “ these notes are settlement for 1600 gross fruit jars ... of our best make, and to be delivered as ordered.” It also added to the receipt against the protest of the defendants these words: “This settlement does not include interest from September 30 to March 24 not yet settled.” There was no evidence of any agreement to pay interest upon any sum for any time previous to the execution of the notes. Held, (1) that the receipt alone would not support a verdict against the defendants for the interest; (2) that evidence tending to establish or to negative the existence of an agreement by the defendants to pay the plaintiff the interest claimed was admissible in a suit for the interest; (3) that defendants were entitled to show that they had made no agreement to pay the plaintiff interest on any sum; (4) that conversations between the parties in relation to the interest, whether occurring at, before, or subsequent to the execution of the notes and the receipt were relevant.</p>