Weaver v. Consumers' Box Board & Paper Co.

Citations

• 246 Pa. 438
• 92 A. 553
• 1914 Pa. LEXIS 532

Syllabus

<p>Contracts — Breach—Agreement to deliver stock — Failure to demand delivery before suit brought — Evidence—Record of former trial — Judgment n. o. v</p> <p>1. In an action on a contract under which defendant agreed to deliver shares of stock to the plaintiff, judgment n. o. v. was properly entered for the defendant where the evidence failed to show any demand for the delivery of the stock before suit brought.</p> <p>2. In such case a demand is not proven by part of the testimony in a former case between plaintiff and defendant, which was offered to contradict a witness, where the whole record of the former suit was not offered and the part offered revealed no demand, and did not show what question was involved in the former case.</p>