Arons v. Smit
Supreme Court of Pennsylvania
Appeal, No. 83, Oct. Term, 1895, by defendant from judgment of C. P. No. 2, Allegheny Co., No. 275J, July T., 1889, on verdict for plaintiff. Assumpsit to recover commissions on sales.
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Appeal, No. 83, Oct. Term, 1895, by defendant from judgment of C. P. No. 2, Allegheny Co., No. 275J, July T., 1889, on verdict for plaintiff. Assumpsit to recover commissions on sales. Before Ewing, P. J. This action was brought by the plaintiff against Ms former employer, the defendant, proprietor of a jewelry store, to recover commissions alleged to be due the plaintiff under a parol contract, whereM the plamtiff was to enter the employ of defendant as a clerk m Ms store on the 1st day of December, 1887, and remain in such service one year from that date. He filed his statement of claim in…
1Opinion of the Court
Per Curiam,
This case appears to have been tried on its merits without strict regard to the questions of fact presented in the affidavit of defense. Testimony was accordingly introduced that war*633ranted the learned trial judge in charging as complained of in the first specification. After such testimony has been received, without objection, and the case submitted to the jury on the evidence thus before them, it is too late to complain of the introduction of testimony that was not strictly relevant under the issue presented by plaintiff’s statement and the defendant’s answer thereto. We find no…
2Cited by4 opinions
- Saxman v. McCormickSupreme Court of Pennsylvania · 1923
- Derrick v. Harwood Electric Co.Supreme Court of Pennsylvania · 1920
- Gorman v. BiglerSuperior Court of Pennsylvania · 1898
- Ogden v. BelfieldSuperior Court of Pennsylvania · 1923