Norris v. Clark

Citations

• 29 Pa. Super. 562
• 1905 Pa. Super. LEXIS 379

Syllabus

<p>Evidence — Contract—Date of contract — Memory of witness — Entire contract. -</p> <p>In an action upon a contract it is reversible error for tbe court to refuse to permit the defendant to prove a conversation between tbe witness and plaintiff bearing upon tbe issue, merely because a witness could not accurately fix the date of the conversation between himself and tbe plaintiff.</p> <p>Contract — Delivery—Entire contract — Cutting logs.</p> <p>In an action upon a contract for the cutting and delivery of logs at a site to be designated by tbe defendant, the contract being entire, tbe plaintiff cannot recover, unless he not only cuts the logs, but delivers them at tbe point designated by tbe defendant. He is not entitled to recover tbe whole contract price, less tbe cost of hauling tbe logs from tbe place where they were cut to tbe point of delivery.</p> <p>When a contract is entire, before any recovery can be had of tbe consideration money tbe plaintiff must prove that be has performed, or is ready to perform, his part of the contract, or that tbe performance was prevented by tbe defendant.</p>