Pizzi v. Nardello

Citations

• 23 Pa. Super. 535
• 1903 Pa. Super. LEXIS 110

Syllabus

<p>Appeals — Assignments of error — Evidence—Rule XVI of Superior Court.</p> <p>An assignment of error to a ruling admitting or rejecting evidence is defective which fails to set forth the evidence admitted or offered and rejected. It is not enough that the text of the assignment be supplemented by reference to the evidence set out in extenso in the appendix.</p> <p>Assignment of error to the refusal of the court to strike out testimony will not be considered where no exception was taken at the time, and the testimony is not printed with the assignment.</p> <p>Statute of frauds— Writing — Principal and surety.</p> <p>A promise by a surety in a building contract to a subcontractor, that if the latter will go on with the work which the surety is compelled to complete he, the surety, will pay the subcontractor for work which the latter had already performed but for which he had not been paid by the contractor, need not be in writing under the statute of frauds. This is especially so where the surety had stipulated for a share of the profits of the contract.</p>