Wolf v. Solomon

Citations

• 59 Pa. Super. 255
• 1915 Pa. Super. LEXIS 59

Syllabus

<p>Contract — Sale—Evidence—Parties.</p> <p>1. In an action against an individual to recover for cigars where it appears that the cigars had been shipped and charged to a corporation, and that no bill had ever been rendered to the defendant, and the defendant asserts that he was an officer of the corporation, and the plaintiffs offer no proof that the company named was not a corporation, or that it was merely a name used by the defendant to conduct his business, a verdict and judgment for the defendant will be sustained.</p> <p>2. In such a case where the invoice offered in evidence showed that the goods were charged to the corporation, and the invoice at the bottom had a direction that the cigars should be entered in the government records as “purchased from” the defendant, naming him, it is not error to refuse to admit the revenue books in which the goods had been charged to the defendant. The direction in the invoice did not conclusively establish contractual relations between the plaintiff and defendant in the sale of the cigars, and the revenue books had no additional probative value.</p>