40 Pa. Super. 553 | Pa. Super. Ct. | 1909
Opinion by
A large part of the argument on behalf of the appellant is in support of the proposition that the instrument offered in evi
The offer to show misrepresentation and fraud by the grantee in procuring the execution of the deed as set forth in the third assignment of error was not sufficiently specific to justify the court in hearing the evidence. It proposed to show “the declarations and acts of the grantee at the time of the execution of the deed and before the execution of the deed from Clarence W. Whitcomb to Anthony Muntz, tending to show misrepresentations and fraud by the grantee in procuring the execution of the deed.” The court was not able from this proposal to determine whether the evidence was relevant or not. There was no statement of facts to be established nor anything to indicate that the witness could testify to a matter material to the inquiry. An offer of evidence should disclose all the facts which are necessary to show that it is admissible; otherwise, the time of the court might be wasted in an examination which would come to nothing or perhaps divert the attention of the jury from the point in issue: Sweetzer v. Atterbury, 100 Pa. 18; Hill v. Truby, 117 Pa. 320. A general offer to prove misrepresentation and fraud will not be entertained against objection. It is the duty of the counsel in making the offer to specify the facts proposed to be established. This practice was adopted in each of the cases cited by the appellant: Chew v. Gillespie, 56 Pa. 308; Horn v. Brooks, 61 Pa. 407. That portion of the offer which proposed to prove that prior to the execution of the deed the plaintiff promised to pay certain indebtedness of the defendant and also the amount of the consideration named in the deed in excess of $1,200 does not support the allegation of fraud. If the promise was made at the time of the execution of the deed it would amount to an agreement for the payment of purchase money. If it was made before the contract for the purchase of land was entered into it would have no binding effect. If the fact were as stated in the offer it would not tend to establish fraud. The remainder of the offer does not propose anything which if proved would avail the defendant in an action of ejectment.
The appellant is not in a situation to aver that the deed from
The other assignments of error do not require special consideration. The action of the court was in accord with our view of the case.
The judgment is accordingly affirmed.