Stocker v. Schneider

Citations

• 228 Pa. 149
• 77 A. 437
• 1910 Pa. LEXIS 445

Syllabus

<p>Judgment — Opening judgment — Fraud—Variance between bond and contract — Evidence.</p> <p>1. A judgment entered on a judgment bond being properly opened a judgment on a verdict for defendant on the trial of a resulting issue will be affirmed, where the evidence in both proceedings tends to show that the plaintiff agreed in writing to sell to the defendant a brewery plant and assign certain leases on licensed houses, and execute a new lease after the termination of the existing leases for the term of ten years; that the judgment bond given in pursuance of the contract varied from the latter in the fact that it provided for semiannual payment of interest instead of an annual payment, and provided for payment of principal in one year instead of ten years; that the defendant was induced to sign the bond by false representations of the counsel who had prepared it, who was acting for both parties; that plaintiff had refused to assign the leases or execute a new lease for ten years; and that the contract was an entire one inasmuch as the leases were to be used in connection with the brewery business.</p> <p>2. In such a case it is proper for the jury to take into consideration the value of the leases and deduct such amount from the amount of the original judgment.</p> <p>Evidence — Expert evidence — TÁquor law — Breweries.</p> <p>3. It is not improper for a trial court to permit witnesses who are experienced in the manufacture and sale of beer to estimate the value of the control of licensed properties as adjuncts or auxiliaries to a brewery plant.</p>