Pearce v. Walters

Citations

• 229 Pa. 338
• 78 A. 832
• 1911 Pa. LEXIS 496

Syllabus

<p>Judgment — Issue—Evidence—Principal and agent.</p> <p>On the trial of an. issue to determine the validity of a portion of a judgment, where the plaintiff’s claim is based upon an agreement alleged to have been made with defendant’s agent by which the defendant was to be liable for the whole amount of the judgment although such amount was much more than the amount which the defendant had borrowed from the plaintiff, a verdict and judgment for plaintiff for only the amount of the actual loan will be sustained where the evidence shows that if the agreement was made by the defendant’s agent, it was made without the defendant’s knowledge or authority, and through collusion between the agent and the plaintiff.</p>