Walton v. Caldwell

Citations

• 5 Pa. Super. 143
• 1897 Pa. Super. LEXIS 203

Syllabus

<p>Vendor and vendee — Parol evidence — Fraudulent representations — Question for jury.</p> <p>Where an agreement for sale of land, regular and absolute on its face and duly executed by the parties, is defended against by the vendees as induced by false and fraudulent representations, and the court leaves the question to the jury on vendees’ own theory, and the jury finds for the plaintiff, the evidence being conflicting, 'it ends the matter; it is incumbent on the vendees to satisfy tire jury by clear, precise and indubitable evidence that the written contract did not mean what it said, or that it was being used against them for a fraudulent purpose.</p> <p>Charge of court — Inadequate presentation — Duty of counsel to specify.</p> <p>Where the trial judge calls attention by name to the witnesses on both sides and in a general way to the really important testimony, and the jury is charged to remember what was not then specially adverted to, if anything is not made as prominent as the parties desire, it ought to be called to the attention of the court at the time.</p> <p>If the trial judges were compelled to weigh their'utterances regarding the evidence in the exquisitely balanced scales sometimes employed by ingenious counsel to discover ■whether too much or too little has been said, few charges would stand the test.</p>