Medary v. Cathers

Citations

• 161 Pa. 87
• 28 A. 1012
• 1894 Pa. LEXIS 638

Syllabus

<p>Buies of court — Proof of written instrument — Evidence.</p> <p>It is competent for a court to make a rule allowing a written instrument on which suit is brought to be admitted in evidence without proof of execution, when the execution has not been denied, or notice given that such proof would be required.</p> <p>Appeal — Nonsuit.</p> <p>No appeal lies from an order of the court of common pleas refusing to enter a compulsory nonsuit.</p> <p>Evidence — Parol evidence to vary written instrument.</p> <p>In an action against a surety in a lease it is not improper to refuse to allow defendant to testify to a statement made by her when the lease was signed, when the mere purpose of the offer is to introduce a statement made by defendant to one not the agent of plaintiff, and never communicated to plaintiff.</p> <p>Landlord and tenant — Principal and surety.</p> <p>The mere fact that the landlord occupied part of the demised premises for a portion of the year with the consent of the tenant, no change having been made in the contract, does not release the surety.</p>