48 Pa. Super. 92 | Pa. Super. Ct. | 1911
Opinion by
This is an appeal by the defendants.
The first, second and third assignments of error, which relate to answers to points, do not show exceptions by the appellants, or their allowance by the court, or the sealing of bills. The appellee specifically excepts to these assignments and insists that they should not be con
The testimony admitted by the court, as specifically set forth in the fourth and fifth assignments of error, was, we think, properly admitted. If the defendants’ letter heads held out E. L. Seely as the general manager of their company, it was proper to show that this was done and that the plaintiff inquired for him and negotiated with him in regard to the contract which was made, because of such representations. This, together with the testimony of the
The objection to the admission of the written agreement because of the erasure of the month January and the substitution of October in its place, did not of itself invalidate it, so as to justify the refusal to admit it in evidence. An erasure admits of explanation. It may explain itself. It may depend on a variety of circumstances— whether or not the erasure and the addition be made with the same pen and the same ink and in the same handwriting as other parts of a written instrument. All this was matter for the jury and we think the court properly admitted the written agreement and submitted the questions involved to the jury. In addition to all this, and as conclusive of the question, by the rules of the court below a fact set forth in the plaintiff’s statement, and not denied by the defendant in the affidavit of defense, is regarded as established. There is no intimation in the affidavit of defense in this case that the agreement, a copy of which is attached to the plaintiff’s statement, was in any way altered. There is no allegation of forgery or of alteration in a material part and, in the absence of any allegation of the invalidity of the agreement on this account in the affidavit of defense, we are unable to see why the agreement was not properly admitted.
The sixth assignment of error relates to the refusal of the court to grant a nonsuit. From what has already been said, it will be apparent that no nonsuit could properly have been granted. The question of the approval of the agreement by the acting partner before it was sent to the plaintiff to be executed by him, being a question of fact, it was clearly in the case and could not be eliminated and, as already intimated, if that was the fact, the defendants'were clearly bound by it.
The verdict having been rendered by the jury as to the validity of the written agreement and of its binding char
Judgment affirmed.