Neely v. Bair's

Citations

• 157 Pa. 417
• 27 A. 777
• 1893 Pa. LEXIS 1432

Syllabus

<p>[Marked to be reported.]</p> <p>Executors and administrators — Contract—Evidence.</p> <p>An executor sold certain property of his decedent, and agreed that the purchaser should pay for it by giving credit upon an account which he claimed against decedent’s estate. Before the auditor appointed to distribute the estate, the price of the property was fully accounted for and distributed among the creditors of decedent, and the purchaser’s personal account was excluded from participation in that distribution. Held, that the contract was valid, and that the executor could not subsequently recover the price of the property from the purchaser.</p> <p>Evidence — Examination of witness — Practice.</p> <p>In the examination of a witness as to a conversation between plaintiff and defendant, the proper way is to ask the witness what occurred in the conversation, and not to direct his attention specifically to any particular matter.</p> <p>Assignment of error — Evidence.</p> <p>An assignment of error to the admission of evidence which fails to set forth the evidence admitted under the exception, is improper.</p>