16 Pa. Super. 189 | Pa. Super. Ct. | 1901
Opinion by
The only question attempted to be raised by the assignments of error is as to the jurisdiction of the justice of the peace. It does not affirmatively appear that this question was raised in the court below. Neither the charge of the court nor any of the rulings upon evidence were excepted to by the defendants. Therefore, the question is to be determined by the record proper, of which, for present purposes, the evidence and the charge form no part: Greenawalt v. Shannon, 8 Pa. 465; Hoffman v. Dawson, 11 Pa. 280; Funk v. Ely, 52 Pa. 442. The plaintiff’s demand as shown by the transcript from the docket of the justice of the peace, “ was for $300, for breach of contract on the sale of real estate which the defendants agreed to pay the plaintiff for making a sale of certain real estate in the borough of Portland if said sale was made by March 24, 1894.” The defendant’s argument is based on the assumption that the plaintiff’s
Judgment affirmed..