Wike v. Woolverton

Citations

• 26 Pa. Super. 561
• 1904 Pa. Super. LEXIS 354

Syllabus

<p>Pleading — Evidence—Practice, C. P. — Appeals—New trial.</p> <p>Where an issue between the parties is a pure question of fact and the issue has been tried upon the merits, the appellate court will not reverse the judgment, because the court admitted evidence of an express contract, while the statement was on an implied contract on the quantum meruit, and it appears that the statement in fact averred that the price of the work was a sum stated.</p> <p>An assignment of error to the refusal of the court to grant a new trial will only be considered in exceptional cases.</p>