172 Pa. 44 | Pa. | 1895
Opinion by
The main contention of appellant that the jury should have been directed to find a verdict in his favor, was decided adversely to him when the case was here before, 158 Pa. 71. The plaintiff’s action was upon a parol agreement to take back the stock and refund the price paid if the purchaser should become dissatisfied, and desire to rescind. The defense was a denial of the contract set up, and in corroboration of that denial, an averment that the contract was in writing and contained the only condition on which it was to be rescinded. This paper was not produced but appellant gave evidence of its contents.
On the present argument the learned counsel for the appellee called our attention to the fact that the writing in question was not an agreement signed by the parties, but merely a receipt by the defendant, and therefore the rule as to the modification of written agreements by parol evidence, should not apply. The distinction is well founded, and if the verdict had gone the other way we should probably be obliged to hold in favor of the appellee that the rule was laid down too strictly against him. But the substance of the charge, that the writing, when admitted or proved, is presumed to contain the whole agreement of the parties, was entirely correct, and if the requirements of the evidence to overcome the presumption were stated too strongly it was an error in appellant’s favor which affords him no just ground of complaint.
The other branch of the defense, that even if the contract
The refusal of a change of venue is not reviewable except for abuse of discretion of which there is not the slightest hint here: Felts v. R. R. Co., 160 Pa. 503.
Judgment affirmed.