Wolf Creek Diamond Coal Co. v. Schultz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: No. 461, to January Term 1871. This was an action of assumpsit brought February 28th 1868, by John Schultz and Thomas Patten, Jr., trading as John Schultz & Co., against The Wolf Creek Diamond Coal Company; the defendants were an incorported company. The declaration was for an indebtedness of $12,000 on the common counts.
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Error to the Court of Common Pleas of Schuylkill county: No. 461, to January Term 1871. This was an action of assumpsit brought February 28th 1868, by John Schultz and Thomas Patten, Jr., trading as John Schultz & Co., against The Wolf Creek Diamond Coal Company; the defendants were an incorported company. The declaration was for an indebtedness of $12,000 on the common counts. There was also a special count, setting out in ipsissimis verbis, as a parol contract, an agreement dated January 9th 1867, between the defendants of the first part and the plaintiffs of the second part, by which the…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
The first assignment of error is, that after a witness of the plaintiffs below had said on his cross-examination: *185“ I think I did tell Schultz & Company not to bring any more timber after July. I tried to get them to cancel the contract,” the learned judge before whom the cause was tried allowed the plaintiffs’ counsel to ask him to relate the whole of what was said at that time. It is elementary law, that when part of a conversation is given in evidence by one party, the opposite party is entitled to bring out the rest of it. The whole…
2Cited by6 opinions
- Kunkel v. WherrySupreme Court of Pennsylvania · 1899
- Emery v. BoyleSupreme Court of Pennsylvania · 1901
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- Swaney v. Georges Township Road DistrictSupreme Court of Pennsylvania · 1932
- Martin v. Berwind-White Coal Min. Co.U.S. Circuit Court for the District of Pennsylvania · 1902
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