171 Pa. 577 | Pa. | 1895
Opinion by
The defendant resists payment of the plaintiff’s claim because he says the plaixxtiff’s agent pi’omised to send him two theatre tickets every week, and said that he could change his advertisement whenever he wanted to. This was not contained in the written contract and the defendant testified that when he called the attention of the agent to the omission, the latter replied that he was the “ boss of the programme,” arxd “ I am the man who is running this business.” It is apparent therefore that the omitted part of the contract was not left out of the instrument by any mistake, or by any fraud. The defendant knew
Judgment reversed and new venire awarded.