Winans v. Bunnell

Citations

• 13 Pa. Super. 445
• 1900 Pa. Super. LEXIS 176

Syllabus

<p>Appeal — Charge of court — Harmless error.</p> <p>Where the one question of fact upon which the jury were called upon: to pass was presented to them in terms which could not have been misunderstood, the appellate court will not reverse for harmless error in: admission of testimony; nor for specification of error as toa portion of the charge which wrested from its context might seem to be inaccurate,, but when considered in connection with the language which accompanied! it, was not improper to be used.</p> <p>Parol contract — Question for jury.</p> <p>When two parties disagree as to the terms of a parol contract and their testimony is wholly irreconcilable, the jury must determine which of them, is to be believed.</p> <p>Evidence — Subsequent explanatory parol agreement.</p> <p>There is no attempt to vary the terms of a written instrument, by proof of an antecedent or contemporaneous parol agreement, where the parol testimony conclusively establishes a parol agreement subsequently made-for the purpose of carrying into effect the original contract of which it is-explanatory.</p>