227 Pa. 584 | Pa. | 1910
Opinion by
March 28, 1910:
This was an action on a promissory note for $4,000, drawn
The defendant asked for the following instruction: “The jury has the right to consider, in arriving at a verdict in this case, and in reconciling the conflict of testimony between the plaintiff and the defendant, the improbability that any person of ordinary business intelligence would agree to pay $5,000 to his agent, for the purchase of a $115,000 tract of land before he had seen or examined the land, or had the title to it examined, or had met the owners, or had made a contract with the owners for its purchase; and regardless of whether the owners had agreed to the terms proposed, or, if they had agreed, whether they were able to comply with them or not.” The affirmance of this point is next assigned as error. There was ab
The defense was that the note in suit was to be paid only in case the purchase of the land was completed; that it never was so completed, and that failure resulted through no fault of the defendant. The defendant testified that he had refused to complete the purchase because the title to the land was unsatisfactory. No attempt was made to contradict this testi
For the reasons stated, the judgment is reversed and a venire facias de novo awarded.