McGlinn Distilling Co. v. Dervin

Citations

• 260 Pa. 414
• 103 A. 872
• 1918 Pa. LEXIS 535

Syllabus

<p>Contracts — Goods sold and delivered — Death of purchaser — Evidence — Original entries — Receipts—Proof of deliveries — Oral testimony — Court'and jury — Case for jury — New trial.</p> <p>1. However clear and indisputable may be the proof, when it depends upon oral testimony, it is the province of the jury to decide, under instructions from the court, as to the law applicable to the facts, subject to the salutary power of the court to award a new trial if the verdict is contrary to the weight of the evidence.</p> <p>2. In an action against a decedent’s estate for goods sold and delivered to decedent during his lifetime and for the amount of a note, on which the deceased was an endorser, where although the handwriting on the note in the book of original entries showing the goods delivered, and on receipts for goods so delivered was identified as decedent’s, the evidence was oral,, the case was for the jury, and where the trial judge directed a verdict for the plaintiff, the lower court properly awarded a new trial.</p>