158 A. 173 | Pa. | 1931
Plaintiff is engaged in the City of McKeesport in the business of selling building materials. Beginning May 31, 1927, and continuing until September 28th of that year, he furnished and delivered sand, gravel, cement and other building materials to a house in course of construction for Antonio Certelli, defendant's decedent, by one, DePodesta, as contractor. This action was brought to recover for the materials so furnished. Certelli died testate December 17, 1929, subsequent to the bringing of this action and defendant trust company, administrator c. t. a. was substituted as defendant. At the trial a verdict was rendered for plaintiff in the full amount of his claim. A new trial was refused and defendant appealed.
Two questions are presented by this appeal: (1) Was Anderson, with whom the agreement for purchase of the materials was made, a competent witness for plaintiff? and, (2) Is the verdict against the weight of the evidence?
Anderson testified his position was that of manager of the River Shipping Supply Company and had been such for five years, that he was not interested in *424
the business except as a salaried employee. The witness being challenged as incompetent under legislation relating to the competency of witnesses in event of death of a party to the contract in action, and there being no evidence questioning that of the witness as to his connection with plaintiff, he was properly held not to be incompetent under the provisions of the Acts of April 15, 1869; May 23, 1887, and June 11, 1891. In Sargeant v. Insurance Co.,
DePodesta, called by defendant, testified the contract for the sale of the materials was made with him and not Certelli; that statements were sent him, and that Certelli did not agree to pay the account. The testimony of this witness was at times evasive and not convincing. However, it may appear from reading the record a question of fact was raised, which was fairly submitted to the jury and determined in favor of plaintiff. *425
Whether or not the verdict was against the weight of the evidence was for the consideration of the court below (Maloy v. Rosenbaum Co.,
Judgment affirmed.