Shannon v. Cohlhepp

Citations

• 37 Pa. Super. 241
• 1908 Pa. Super. LEXIS 270

Syllabus

<p>Appeals — Assignments of error — Misquoting charge.</p> <p>An assignment of error which misquotes the charge violates rule XV in regard to assignments totidem verbis.</p> <p>Contract — Lumber contract — Price—Charge—Points.</p> <p>On an issue to determine the amount due on a lumber contract where the evidence definitely fixes the contract price, and the issue is narrowed down to a difference between the parties in their respective measurements of the lumber, and of the dates on which it should be credited, the trial judge commits no error in instructing the jury that the rights of the parties are fixed to a credit for not more and for not less than the conceded contract price.</p> <p>Contract — Judgment—Interest.</p> <p>Where the defendant in a judgment entered upon a bond, bearing interest, agrees to pay the judgment by deliveries of lumber, upon which deliveries credits are to be allowed as of their several dates, plaintiff will be entitled to interest on unpaid balances.</p>