National Freight Bureau v. D. B. Martin Co.

Citations

• 62 Pa. Super. 474
• 1916 Pa. Super. LEXIS 454

Syllabus

<p>Practice, G. P. — Case stated — Irregular practice.</p> <p>A writing filed after a case is at issue and jury trial waived,. setting forth the. facts to which the witnesses would testify, followed by a stipulation as to entry of judgment by the court, cannot be sustained as a case stated, but will be treated as an agreement to try by the court without a jury.</p> <p>Contract — Parol testimony — Evidence—Trial without jury.</p> <p>In an action upon a written contract where the contract expressly provided that the defendant shall pay to the plaintiff “fifty per cent, of all moneys refunded by the transportation companies to the defendant” through his audit of freight bills, and there is no allegation of fraud, accident or mistake, the court cannot, in trying, the case without a jury, consider parol evidence to the effect that the plaintiff was only to receive fifty per cent, of the net refunds.</p>