230 Pa. 305 | Pa. | 1911
Opinion by
The one question of fact in the case was whether the
The plaintiff is a foreigner understanding imperfectly our language. He had testified that in making his alleged contract with the defendant company’s agent, he was accompanied by his own agent, Di. Cola, who was a fellow countryman and acted as interpreter. He was asked whether Di Cola had told him in the presence of the agent what the latter had said with respect to the contract. Having replied affirmatively he was then asked to state what Di Cola told him as coming from the agent. The exclusion of this evidence is the subject of the remaining assignment. The ruling was entirely correct. The fact that an interpreter was required is conclusive that the defendant’s agent was unfamiliar with the language employed. He could not know whether Di Cola correctly represented to the plaintiff what he had said, and his assent to its correctness under such circumstances could not be implied. The several assignments relating to this are overruled. The other assignment, which we have heretofore discussed is sustained. The judgment is reversed with a venire facias de novo.