Quinlan & Robertson, Inc. v. Rundle

Citations

• 273 Pa. 479
• 117 A. 208
• 1922 Pa. LEXIS 602

Syllabus

<p>Appeals — Exception—Evidence—Motive—Fundamental error.</p> <p>1. A court is not authorized to inquire into the motive of one who has only exercised a clear legal right.</p> <p>2. Upon a general exception only basic and fundamental errors will be considered.</p> <p>C onspiracy — G onfession — Evidence.</p> <p>3. Proof that one of two alleged conspirators admits his guilt, does not establish the guilt of the other.</p> <p>4. An allegation of conspiracy can only be established by full, clear and satisfactory evidence that the parties had combined to do an unlawful thing, or to do a lawful thing in an unlawful manner, that the intent so to do was common to each, and that each understood the other had that purpose.</p> <p>Practice, G. P. — Refusal of point without reading it — Trial.</p> <p>5. The court may refuse a point without reading it, if the subject-matter thereof has been fully covered in the general charge.</p> <p>Practice, G. P. — Pleading—Statement of claim.</p> <p>6. Recovery can be had only upon the basis set forth in the statement of claim.</p> <p>Replevin — Title—Possession—Refund of money — Maxim — He who seelcs equity must do equity.</p> <p>7. In an action of replevin, where it appears that defendant, acting in good faith, had paid the former owner of the property replevied a sum of money to obtain title and possession thereof, which neither party could have obtained without making such payment, plaintiff must refund or offer to refund the money thus paid or his action will be dismissed.</p>