Matthews v. Lilley Coal & Coke Co.

Citations

• 64 Pa. Super. 24
• 1916 Pa. Super. LEXIS 234

Syllabus

<p>Master and servant—Principal and agent—Merchandise broker— Commission on purchases—Evidence■—Cross-examination.</p> <p>In. an action to recover commissions on articles- purchased by plaintiff for defendant, which commissions were claimed upon a special contract, it is not reversible error to exclude a question propounded to the plaintiff on cross-examination which sought to elicit that at the time the purchases were made, the plaintiff had no license as a merchandise broker. Such a question violates the rule that matters of defense cannot'he brought out upon cross-examination.</p> <p>In such a case it is not error for the court to exclude a letter written by plaintiff to defendant tending to show that he held himself out as a merchandise broker, where it appears that such letter Wag dated several months after the alleged special contract.</p>