Menhennet v. Davis

Citations

• 71 Pa. Super. 260
• 1919 Pa. Super. LEXIS 84

Syllabus

<p>Contract — Agreement to settle — Oral evidence — Case for jury.</p> <p>An agreement to pay all expenses resulting from the injury to the son of the plaintiff by defendant’s servant, if plaintiff would cause defendant no trouble, is a definite contract based upon a valid consideration.</p> <p>Where the plaintiff forbore to sue, and the evidence, if believed, would have entitled him to have recovered for the reasonable expenses incurred in caring for his son during the illness, and for his services, the plaintiff parted with a right which he had, in agreeing to such forbearance, and the case was for the jury as to the making of the contract and its terms.</p> <p>Practice — Isolated portions of charge — Not properly to be excepted to.</p> <p>It is always unsafe and unfair to the trial judge to select a single sentence from the body of the charge, sever it from its context, and undertake to construe it by itself, without regard to what he may have said in the same connection or in other parts of the charge.</p> <p>Practice, C. P. — Charge—Mistake in stating testimony.</p> <p>Where a defendant complains of a misquotation of the testimony in the charge of the court, which he failed to call to the attention of the trial judge, he will not be heard on appeal. It was his duty to speak up when he had the chance.</p>