Legal Opinion

Shaffer v. Scharding Et Ux

Supreme Court of Pennsylvania

Decided November 26, 1943No. Appeal, 145PublishedCited by 2 opinions

1Opinion of the Court

Per Curiam,

At trial, before any testimony was taken, counsel for defendants moved for leave to file an amended affidavit of defense, setting forth an oral subsequent agreement modifying the written agreement upon which the action was brought. The learned trial judge denied the motion on the ground that defendants could not prove parol cancellation, rescission or modification of the written instrument. This ruling was approved by the court en banc, and defendants’ motion for a new trial denied.. After the entry of judgment for plaintiff, the defendants took this appeal.

The learned court was in…

2Cases cited3 opinions

  1. Achenbach v. StoddardSupreme Court of Pennsylvania · 1916
  2. Magazine Digest Publishing Co. v. ShadeSupreme Court of Pennsylvania · 1938
  3. Mazer v. KannSupreme Court of Pennsylvania · 1941

3Cited by2 opinions

  1. Thomas v. Thomas Flexible Coupling Co.Supreme Court of Pennsylvania · 1945
  2. Joint Board of Waist & Dressmakers' Union v. RosinskySuperior Court of Pennsylvania · 1953

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