Sennett v. Johnson
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie. This was an action of debt b.y Johnson, on a bond sealed by P. Sennett, payable in instalments on the 1st of April and September. Pleas, payment and set-off. This bond was given as the consideration for a conveyance of certain land, and of an assignment of Johnson’s interest, “being three-eighths of the whole,” in a partnership composed of Johnson, Lester & J. S. Sennett.
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In error from the Common Pleas of Erie. This was an action of debt b.y Johnson, on a bond sealed by P. Sennett, payable in instalments on the 1st of April and September. Pleas, payment and set-off. This bond was given as the consideration for a conveyance of certain land, and of an assignment of Johnson’s interest, “being three-eighths of the whole,” in a partnership composed of Johnson, Lester & J. S. Sennett. The first bill of exceptions was to the rejection by the court of evidence of an agreement made by Johnson, at the execution of the deed, that he would continue in the establishment to…
1Opinion of the CourtRogers, J.
The court was right in rejecting the evidence contained in the second bill, as it was an attempt to explain, alter, and extend the deed by the introduction of parol testimony. The evidence offered in the third bill was properly rejected, because it is not the subject of set-off. The whole matter proposed to be proved involved the settlement of a partnership account, which can only be properly settled in an action of account render, now pending between the parties. The additional evidence offered in the fourth bill does not vary the principle, and we see no error in the court in adhering to…
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