18 Pa. Super. 596 | Pa. Super. Ct. | 1902
Opinion bt
If there was not some contractual undertaking on the part
Assuming that there is an ambiguity, as to tbe measure of damages, in tbe excerpted parts of tbe charge of tbe court, which are combined to form tbe third assignment of error, an examination of tbe whole charge shows that the defendant has no reason for complamt on that ground. The jury was instructed that tbe plaintiff could recover only on an actually concluded contract, such as is set forth in tbe statement of tbe plaintiff, and tbe defendant refused to take tbe stone without showing satisfactory cause, and that tbe market value of tbe stone on band should be deducted from any claim tbe plaintiff might have against tbe defendants. While tbe evidence of value was meager, as tbe defendant did not offer any, tbe jury was obliged to deal with tbe values submitted by tbe plaintiff, kept within fair bounds by reducing bis claim nearly one half. Where tbe evidence is conflicting, tbe determination whether a contract existed, and what were its terms, -is for tbe jury to find
The assignments of error are overruled and the judgment is affirmed.