McCord v. Durant

Citations

• 134 Pa. 184
• 19 A. 489
• 1890 Pa. LEXIS 685

Syllabus

<p>(a) In an action to recover the consideration expressed in a written contract of sale, the plaintiff put in evidence an affidavit of defence made by the defendant in a former action upon the same contract, showing satisfaction by payment in part and the acceptance of notes as payment of the residue:</p> <p>1. The affidavit of defence having been put in evidence by the plaintiff, without disproving any of its averments, due credit should be given to it, so far as he was concerned; his remedy, therefore, was confined to an action upon the notes unpaid, and in the action upon the contract it was not error to direct a verdict for the defendant.</p> <p>2. Assignments of error to the charge of the court, which do not give the instructions complained of in the precise phraseology used, but only their substance, ai'e not according to the Rule of Court XXIII., providing: “ When the error assigned is to the charge of the court..... the part of the charge.....referred to must be quoted totidem verbis.”</p>