Smith v. Dreyer

Citations

• 228 Pa. 438
• 77 A. 628
• 1910 Pa. LEXIS 505

Syllabus

<p>Evidence — Parol agreement — Memorandum, in writing.</p> <p>A memorandum in writing offered by the plaintiff in an action of assumpsit to corroborate his testimony as to an alleged oral agreement with defendant, is properly excluded where it appears that it was dated three months after the alleged agreement, that it was not made in pursuance of any agreement, or in the presence of the defendant, or by his direction, or with his knowledge and consent, and that the memorandum on its face did not in fact support, but tended to contradict plaintiff’s testimony.</p>