Johnston v. Patterson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October Term, 1886, No. 122. This was an action in debt brought by James Patterson against W. W. Jonhston, Money Miller and S. P. Johnston to recover damages alleged to have been sustained by him by reason of W. W. Johnston failing to carry out a contract with him in which Money Miller and S. P. Johnston were sureties.
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Error to the Court of Common Pleas of Mercer county: Of October Term, 1886, No. 122. This was an action in debt brought by James Patterson against W. W. Jonhston, Money Miller and S. P. Johnston to recover damages alleged to have been sustained by him by reason of W. W. Johnston failing to carry out a contract with him in which Money Miller and S. P. Johnston were sureties. On the trial before Mehard, P. J., the defendants made the following offers of evidence which were overruled, exceptions noted, and bills sealed. Defendants propose to show by the witness (W. W. Johnston) for and on behalf…
1Opinion of the CourtJustice Paxson
A careful examination of this record has failed to disclose any substantial error. The rejection of the offers of evidence referred to in the first three assignments is certainly not a just cause of complaint. What the witness (W. W. Johnson) told his bail, in the absence of the plaintiff, as to the nature of the contract they were about to sign, was not admissible to prove a fraud on the part of the plaintiff in filling up the blanks in said contract. While great liberality is allowed in proving fraud, the better opinion would seem to be that the fraud must be proved, not guessed at, and it…
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