Wallace v. Baker
Supreme Court of Pennsylvania
In Error. ERROR to the common pleas of Philadelphia county* The record was of an action of assumpsit by the Bakers against Wallace, the declaration m which contained four counts: The 1st count laid a colloquium on the 23d June 1804, between the plaintiffs and defendant, concerning the sale of goods by the plaintiffs to a certain Robert Berrett and Andrew C. Smith, and concerning the sale of a house occupied by Berrett on which the defendant had a claim of 6000 dolls, and an…
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In Error. ERROR to the common pleas of Philadelphia county* The record was of an action of assumpsit by the Bakers against Wallace, the declaration m which contained four counts: The 1st count laid a colloquium on the 23d June 1804, between the plaintiffs and defendant, concerning the sale of goods by the plaintiffs to a certain Robert Berrett and Andrew C. Smith, and concerning the sale of a house occupied by Berrett on which the defendant had a claim of 6000 dolls, and an agreement by the defendant that the house should be sold and bring 8000 dolls.,- and that the difference between that…
1Opinion of the Court
Tilghman C. J.
This case arises on a writ of error to the court of common pleas of the county of Philadelphia. Annexed to the record is a bill of exceptions, stating several exceptions to the opinion of the court. The principal and indeed the only one of any weight, is that to the rejection of the parol testimony offered by the defendant, in contradiction to the writing on which the plaintiff founded his action. There have been many decisions in this court in favour of the admission of parol evidence, even in contradiction to written instruments. These decisions have been chiefly in cases…
2Cases cited1 opinion
- Lessee of Thomson v. WhiteSupreme Court of the United States · 1789
3Cited by7 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- American Railroad Co. v. HernándezSupreme Court of Puerto Rico · 1905
- United States v. MertzSupreme Court of Pennsylvania · 1834
- Wyche v. WinshipSupreme Court of Georgia · 1853
- American Railroad v. HernándezSupreme Court of Puerto Rico · 1905
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