Yaryan Co. v. Pennsylvania Glue Co.

Citations

• 180 Pa. 480
• 36 A. 1080
• 1897 Pa. LEXIS 950

Syllabus

<p>Evidence — Parol evidence — Contract—Prior conversations to vary contracts</p> <p>Prior conversations between the parties to a written contract are not admissible to vary its terms.</p> <p>In an action upon a written contract to recover the purchase price of an evaporator, the testimony for the defendant was in effect that the plaintiff agreed to erect and put the evaporator in perfect working order in defendant’s factory, and to clean the evaporator before delivering it. The plaintiff denied the existence of any such agreements and averred that the only agreement was in the writings between the parties. The case was submitted to. the jury, and a judgment and verdict was rendered for the plaintiff. Held, that the judgment should be affirmed.</p> <p>Practice, C. P. — Affidavit of defense — Rules of court of Allegheny county.</p> <p>Under the rules of court of Allegheny county an affidavit of defense cannot be amended or supplemented at the trial.</p> <p>It is not clear that an amendment of an affidavit of defense in Allegheny county is demandable of right under the act of 1806, inasmuch as amendments beyond the plea are at common law, and to be tested by a legal discretion.</p> <p>Limited partnership associations under act of June 2, 1874 — Signing contract.</p> <p>A limited partnership association, organized under the act of June 2, 1874, is estopped from denying the validity of a contract because not signed by at least two managers where it appears that the association took possession, under the contract, of property essential to the prosecution of its business, paid a portion of the purchase money, continued to use the property and never objected to the contract until suit was brought.</p>