Whitney v. Haskell

Citations

• 216 Pa. 622
• 66 A. 101
• 1907 Pa. LEXIS 879

Syllabus

<p>Pleading — Assumpsit—Statement—Waiver of tort — Deceit.</p> <p>In an action of assumpsit where the statement contains two counts, there is no misjoinder of counts, where one count alleges failure of consideration in a contract, and the other alleges a right to rescind the contract by reason of false representations which induced it.</p> <p>Practice, C. P. — Pleading—Misjoinder of counts — Demurrer.</p> <p>An objection to the inconsistency of two counts in a narr. must be taken advantage of by demurrer; it will not be inquired into on error.</p> <p>Mines and mining — Mining claims — Location—Discovery of vein — Question for jury.</p> <p>In an action to recover back the purchase money for mining claims sold by defendant to plaintiff, on- the ground that they were never legally located, the question whether there had been a discovery of a vein or lode within the limits of the claim, before its location as required by the act of Congress, is one of fact for the jury and not of law for the court.</p> <p>Evidence — Explanation of written agreement.</p> <p>Where a written agreement is qffered in evidence by defendant as part of the cross-examination of plaintiff, and witnesses are interrogated by defendant as to their understanding of its form and effect, and as to what they meant by it, and the court is not asked to construe it as a matter of law, the defendant has no right to object to the plaintiff submitting to the jury his understanding of the agreement.</p>