Nicholson v. Kennedy

Citations

• 188 Pa. 90
• 41 A. 381
• 1898 Pa. LEXIS 579

Syllabus

<p>Contract — Appeal—Evidence—Joint liability.</p> <p>An action of assumpsit was brought against four defendants, only one of whom was served, to recover the one fourth of the cost of drilling an oil well, which should have been paid by one of the defendants not served. The original statement averred a written agreement executed by all the defendants, but it appearing at the trial that this agreement had been signed by one of the parties without authority from the others, plaintiff amended his statement so as to aver a verbal agreement, and subsequently further amended it so as to aver that the verbal agreement had been reduced to writing; and signed by one of the parties without authority from the others, and that the defendant served had ratified it after the work was done. The evidence tended to show that each defendant had assumed a liability for one fourth, and that each one had paid his share except the one who had executed the contract. Held, that as there was no sufficient evidence of joint liability under either the verbal or written contract it was not error for the court to give binding instructions in favor of the defendant.</p>