Sober v. Moony

Citations

• 48 Pa. Super. 92
• 1911 Pa. Super. LEXIS 343

Syllabus

<p>Appeals — Assignments of error — Answers to points — Exceptions.</p> <p>1. Assignments of error to answers to points will not be considered where the record fails to show that exceptions were taken and allowed and bills sealed to the answers.</p> <p>Principal and agent — Contract—Evidence.</p> <p>2. Where a case turns on the authority of an agent to make a contract, it is proper to permit the defendant’s letter head to be produced in evidence, showing that the alleged agent was held out as the general manager of the defendant, and that the plaintiff inquired for the manager, and negotiated with him in regard to thg contract because of such holding out.</p> <p>Evidence — Written instrument — Erasure.</p> <p>3. An erasure of the name of a month -in a written agreement and the substitution of the name of another month, does not of itself invalidate the agreement so as to render it inadmissible in evidence. An erasure admits of explanation.</p> <p>4. Where a written instrument showing an erasure on its face is set forth in plaintiff's statement, objection to the instrument .on account of the erasure cannot be .made at the trial where it has not been made in the affidavit of defense, if a rule of court provides that a fact set forth in the plaintiff’s statement, and not denied in the affidavit of defense, is regarded as established.</p>