Murphy v. McMullin

Citations

• 219 Pa. 506
• 69 A. 70
• 1908 Pa. LEXIS 611

Syllabus

<p>Contract — Sale—Evidence—Memorandum charge — Res gestee.</p> <p>On the trial of an issue to determine whether the defendant had or had not sold certain stock to the plaintiff, it is proper to exclude an offer on the part of the defendant of a memorandum charge handed by the defendant to his bookkeeper at the time of the alleged sale, to be followed by the books in which the charge was entered. Such a memorandum is not a part of the res geste, but is a secret act of the defendant of which the plaintiff had no notice, and could not be supposed to have acquiesced in by silence.</p>