Haney v. Moorehead
Superior Court of Pennsylvania
Appeal, No. 298, Oct. T., 1914, by defendant, from judgment of C. P. No. 3, Philadelphia Co-., Dec. T., 1909, No. 6522, M. L. D., on verdict for plaintiff in case of Cornelius Haney and Edward T. Henson, Copartners trading as Haney, Henson & Company, to use of Edward T. Henson v. Thomas A. Moore-head, Owner or Reputed Owner, and the Land Title and Trust Company, Real Owner. Scire facias sur mechanic’s lien.
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Appeal, No. 298, Oct. T., 1914, by defendant, from judgment of C. P. No. 3, Philadelphia Co-., Dec. T., 1909, No. 6522, M. L. D., on verdict for plaintiff in case of Cornelius Haney and Edward T. Henson, Copartners trading as Haney, Henson & Company, to use of Edward T. Henson v. Thomas A. Moore-head, Owner or Reputed Owner, and the Land Title and Trust Company, Real Owner. Scire facias sur mechanic’s lien. Before McMichael, P. J. At the trial it appeared that in 1908 Thomas A Moore-head was engaged in a building operation comprising a number of dwelling houses in the City of Philadelphia.…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs’ oral evidence relating to the first release of liens was properly submitted to the jury as is conceded by the learned counsel for the appellant. The testimony offered is treated in their argument as evidence to vary the terms of a written instrument and as there were two witnesses in support of the contemporaneous oral agreement no complaint is made that the court permitted the jury to inquire and determine wheth*192er such an agreement was entered into. It is urged however that the second releases were not supported by the testimony of at least two…
2Cases cited13 opinions
- Hill v. EpleySupreme Court of Pennsylvania · 1858
- Gordon v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1914
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
- Kramer v. DinsmoreSupreme Court of Pennsylvania · 1893
- Spritzer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
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