Ferguson v. Rafferty
Pennsylvania Court of Common Pleas, Clearfield County
No. 229 July. Term 1888, Sup. Ct.; court below, No. 22 March Term 1883, C. P. To the number and term of the court below, Thomas L. Rafferty brought replevin against John B. Ferguson, for two lots of pine saw-logs, one containing 85,000 feet and another 160,000 feet, taken from lands known as the James Rafferty lands in Penn township. The defendant pleaded non eepit and property.
Read the full summary
No. 229 July. Term 1888, Sup. Ct.; court below, No. 22 March Term 1883, C. P. To the number and term of the court below, Thomas L. Rafferty brought replevin against John B. Ferguson, for two lots of pine saw-logs, one containing 85,000 feet and another 160,000 feet, taken from lands known as the James Rafferty lands in Penn township. The defendant pleaded non eepit and property. At the trial on May 23, 1888, the following facts were made to appear: Thomas Rafferty, the father of the plaintiff died in May, 1870, leaving to survive him a widow, Martha Rafferty, and eight children, among them T.…
1Opinion of the Court
*355Opinion,
Me. Justice Green:
The rather numerous assignments of error in this case may be considered under a few heads.
First. Those which relate to the admission and effect of parol testimony to change the written contract. These embrace the assignments numbered 4, 6, 8, 9, 10,11, 12, 13, and 20.
The learned court below, both in admitting the parol testimony and in submitting it to the jury, stated the law with great care and caution, and with entire correctness. It was stated repeatedly in the charge that, in the first instance, the written contract of the parties must be regarded as the whole…
2Cases cited5 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Walker v. FranceSupreme Court of Pennsylvania · 1886
- Williard v. WilliardSupreme Court of Pennsylvania · 1868
- Pollock v. RaySupreme Court of Pennsylvania · 1877
- Harlan v. HarlanSupreme Court of Pennsylvania · 1851
3Cited by29 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Mallard v. EwingSupreme Court of Florida · 1935
- Wise v. QuinaDistrict Court of Appeal of Florida · 1965
- De Rue v. McIntoshSouth Dakota Supreme Court · 1910
- Oscar Callaway v. C.M. AlbinTexas Supreme Court · 1924
24 more not listed; retrieve them via the Exa API.