Swing v. Walker

Citations

• 27 Pa. Super. 366
• 1905 Pa. Super. LEXIS 68

Syllabus

<p>Contract — Proposal—Acceptance—Evidence.</p> <p>Where one sues for damages for a breach of contract the burden is on him to establish a clear case of something actually agreed to. Where a proposal is made on one side, and an acceptance is given on the other, not according to the terms of the proposal, the parties are not bound.</p> <p>To constitute a contract the acceptance of the offer must be absolute and identical with the terms of the offer. If one offers another to do a definite thing, and that other person accepts conditionally, or introduces a new term into the acceptance, his answer is either a mere expression of willingness to treat, or it is in effect a counter proposal. A qualified acceptance does not constitute a contract.</p> <p>Appeals — Assignments of error — Charge—Review.</p> <p>Comments made by the trial judge reflecting on the business capacity of one of the parties as shown by the evidence, general in character, and not in any way limiting the action of the jury, are not grounds for reversal; nor is a reference to the meager character of the evidence of one of the parties reversible error.</p> <p>Evidence — Telephone conversation — Declaration.</p> <p>' A telephone conversation is inadmissible to establish admissions of one of the parties, where it appears that the witness 'was not acquainted with the party’s voice, and could not identify it. Such a case is not controlled by the cases which relate to communications by telephone from an office in response to communications or inquiries, and to the presumption which arises from the transaction of business by telephone from the place of business of the person in whose control the telephone is.</p>