Maust v. Creasy

Citations

• 42 Pa. Super. 633
• 1910 Pa. Super. LEXIS 394

Syllabus

<p>Contracts — Ctistom.—Parol testimony — Charge—Harmless error.</p> <p>1. Where a written contract deals with a particular subject the contract is the law governing the parties as to the particular subject, and parol testimony of a trade custom is inadmissible to vary the terms of the contract. The admission of such testimony becomes harmless error if the court in its general charge and in an answer to a point eliminates from the consideration of the jury all such testimony.</p> <p>2. Where a lumbering contract provides that the contractors shall cut and remove the lumber at one continuous operation, and there is nothing in the contract which compels the contractors to keep their mill upon the land of the owner until the manufacture of the timber upon the whole tract had been finished, the fact that the contractors moved their mill from the owner’s land to another tract for their convenience, will not affect their rights under the contract, provided there is no break in the continouus operation of lumbering.</p>