Sweeney v. Ten Mile Oil & Gas Co.

Citations

• 130 Pa. 193
• 18 A. 612
• 1889 Pa. LEXIS 1173

Syllabus

<p>[To be reported.]</p> <p>1. A private letter, the only proof of which is the testimony of a witness that he received it by mail, and that it had the signature of a certain person, but the witness had no knowledge of the signature, is not admissible in evidence.</p> <p>(a) The plaintiff, under a contract with the defendant company, procured, a purchaser for its franchises and property, who in good faith accepted the company’s proposition providing the terms of sale, “ the titles and franchises to be subject to proper examination and approval.”</p> <p>2. In such case, there being sufficient evidence that the sale was not consummated, by reason of the defective titles to some of the property under lease to the defendant, the plaintiff was entitled to recover the compensation stipulated for in his contract, notwithstanding the sale was not so consummated.</p> <p>3. An assignment of error specifying that “ The court erred in submitting to the jury a question of fact about which there was no evidence,” but not showing what question of fact it was, is not according to rule, and is not entitled to consideration.</p>