67 Pa. Super. 378 | Pa. Super. Ct. | 1917
Opinion by
The plaintiff sold to the defendant a gas engine and feed mill. The contract of sale was in writing and contained a provision that the vendor was to start the engine after the purchaser had the same on his premises. The question at issue was whether the plaintiff did start the engine within the meaning of the contract. This was averred in the statement of claim and affirmed at the trial by the plaintiff. The defendant on the contrary denied that the plaintiff had performed this part of the agreement and alleged that the engine could not be made to work. The question raised on the appeal is whether certain letters of the defendant to the plaintiff and the replies thereto were admissible as evidence. Inspection of these letters clearly shows that they relate to the question at issue. The first of them, covered by the second assignment, is evidently a reply to a communication from the plaintiff and contains express notice that the engine had not been started and asks that the plaintiff send a man “to start it in good shape.” The second letter ob
The judgment is affirmed.