Repp v. Reynolds

Citations

• 53 Pa. Super. 567
• 1913 Pa. Super. LEXIS 220

Syllabus

<p>Practice, C. P. — Trial—Charge—Points.</p> <p>1. A party is entitled to a distinct and responsive answer to his points, if they are properly drawn and present questions fairly arising which can be answered by a simple affirmance or refusal.</p> <p>2. Where a point submitted contains an abstract proposition of law upon an assumed fact, it is for the court to determine the legal truth of the conclusion from the fact, and the point should be affirmed or refused without qualification.</p> <p>Contract — Parol contract — Evidence—Corroboration of witness.</p> <p>3. When a parol contract between a plaintiff and a defendant is said to have been made in the presence of a witness who was interested in the general subject, and the defendant directly contradicts the plaintiff as to the making of the contract, and the witness testifies that he did not hear any such contract or conversation, and that he thinks it did not occur, his testimony is entitled to some weight in connection with the testimony of the defendant; and it is reversible error for the court to refuse to affirm without qualification, a point of the defendant to the effect “that if the jury believe the testimony of defendant and the witness as to the making of the alleged contract, then there was no express contract made, and the plaintiff cannot recover in this action.”</p>