Swavely v. Eno

Citations

• 54 Pa. Super. 82
• 1913 Pa. Super. LEXIS 16

Syllabus

<p>Contract — Performance—School—Personal services — Oral testimony— Case for jury.</p> <p>Where a mother requests in writing the proprietor of a preparatory school to reserve a place for her son in his school, and he answers in writing that he has reserved a room for the boy, and it appears that the boy came to the school for one day, and then left without any explanation and stayed away for the entire term, the proprietor of the school may recover the entire charge for board and tuition for the term, if he shows that he did in fact reserve a room, that he was ready and willing to give the board and tuition for the entire term, and that after the term had begun other applications had been rejected for want of room; but if the proprietor shows these matters by oral testimony only, the case must go to the jury to determine the credibility of the witnesses, although their testimony is not in fact contradicted. In such a case a binding instruction for the plaintiff for the full amount of the claim'is reversible error.</p>