Wentzel v. Morris

Citations

• 49 Pa. Super. 79
• 1912 Pa. Super. LEXIS 287

Syllabus

<p>Appeals — Assignments of error — Improper assignments — Evidence.</p> <p>1. An assignment of error relating to evidence which does not contain the offer of proof nor the ruling of the court thereon, is improper and will be disregarded.</p> <p>2. A portion of the opinion of the lower court on a motion for a new trial, is not a subject for an assignment of error..</p> <p>Contract — Building contract — Acceptance of work.</p> <p>3. In an action to recover for labor done and performed a verdict and judgment for plaintiff will be sustained where there is evidence from which the jury has a right to conclude that the defendants expressed satisfaction with the plaintiff’s work after it was finished and accepted the same, and that the complaints afterward set up had their origin in the inherent defects of a device of the character of that which the defendants were using.</p>