Powelton Coal Co. v. McShain
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 12, to January Term 1874. This was an action of assumpsit commenced February 27th 1869, by Manuel McShain for the use of Patrick Mulhorn, against the Powelton Coal and Iron Cmpany. The declaration was in the common counts, for carrying goods : — The pleas were non assumpsit and payment with leave, &c., and set-off, under which notice of the special matter offered in evidence was given.
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Error to the District Court of Philadelphia: No. 12, to January Term 1874. This was an action of assumpsit commenced February 27th 1869, by Manuel McShain for the use of Patrick Mulhorn, against the Powelton Coal and Iron Cmpany. The declaration was in the common counts, for carrying goods : — The pleas were non assumpsit and payment with leave, &c., and set-off, under which notice of the special matter offered in evidence was given. The claim of plaintiff was freight on a cargo of coal carried for defendants from Philadelphia to Brooklyn, on the barge “ Mary T. Connolly. ” The plaintiff gave…
1Opinion of the Court
The opinion of the court was delivered, May 18th 1874, by
Gordon, J.
It is certainly permissible to give evidence of a verbal promise made by one of the parties, at the time of the making of a written contract, where such promise was used as an inducement to obtain the execution thereof: Campbell v. McClenachen, 7 S. & R. 171. This rule is put upon the ground that the attempt afterwards to take advantage of the omission from the contract, of such promise, is a fraud upon the party who was induced to execute it upon such promise, and hence he will be permitted to show the truth of the matter:…
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- Perkiomen Railroad v. BromerSupreme Court of Pennsylvania · 1907
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