Peirson v. Duncan

Citations

• 162 Pa. 187
• 29 A. 733
• 1894 Pa. LEXIS 961

Syllabus

<p>Charge of court — Inadequate presentation of case.</p> <p>It is error to confine the attention of the jury to one view of a case where there is more than one which they should consider. If no particular instruetions be asked the court is responsible for the general effect only of the charge, and in considering the charge the whole of it must be taken together. If when so considered it has a tendency to mislead, though no particular portion of it be clearly erroneous, it is cause for reversal.</p> <p>Sale — Terms of payment — Previous dealings — Custom—•Evidence.</p> <p>In case of a contract to deliver pelts, where no terms of payment have been agreed on, evidence of previous dealings between the parties and of the custom of the trade is admissible to fix the terms.</p> <p>Sale — Breach of contract — Payment—Deliveries.</p> <p>In case of a running contract to deliver pelts, failure to make payment, after failure to deliver, will not excuse failure to make subsequent deliveries.</p>