Warne v. Johnston
Superior Court of Pennsylvania
Appeal, No. 8, April T., 1911, by J. H. Johnston, from judgment of C. P. Washington County, Nov. T., 1909, No. 198, on verdict for plaintiff in case of William P. Warne v. J. H. Johnston. Assumpsit to recover commissions on the sale of real estate. Before McIlvaine, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $120 on which judgment was entered.
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Appeal, No. 8, April T., 1911, by J. H. Johnston, from judgment of C. P. Washington County, Nov. T., 1909, No. 198, on verdict for plaintiff in case of William P. Warne v. J. H. Johnston. Assumpsit to recover commissions on the sale of real estate. Before McIlvaine, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $120 on which judgment was entered. On a motion for a new trial McIlvaine, P. J., filed the following opinion: The first three reasons assigned in the motion for a new trial will be considered upon the motion…
1Opinion of the Court
Opinion by
Rice, P. J.,
On the trial the plaintiff offered in evidence two paragraphs of the affidavit of defense “for the purpose of showing the defendant’s admission as to what this contract was that was entered into with Mr. Warne.” The offer of the affidavit for this expressed purpose did not estop the plaintiff from showing, by his own testimony, that the contract was not, in all particulars, as admitted or alleged by defendant. In other words, he could use the defendant’s admissions so far as they were corroborative *102of his version of the contract, without being concluded by everything…
2Cases cited12 opinions
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3Cited by11 opinions
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