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MOLLOY ET AL. v. BROWN ET AL. (01/03/50)

THE SUPREME COURT OF PENNSYLVANIA


January 3, 1950

MOLLOY ET AL., APPELLANTS,
v.
BROWN ET AL.

Appeal, No. 215, Jan. T., 1949, from order of Court of Common Pleas of Luzerne County, Jan. T., 1944, No. 260, in case of James H. Molloy et al. v. Norma Brown et al. Order affirmed; reargument refused February 7, 1950.

COUNSEL

James H. Molloy, in propria persona, with him Herman B. Shepard, for appellants.

Edward Davis, with him Israel T. Klapper, for appellees.

Before Maxey, C.j., Drew, Linn, Stern, Patterson, Stearne and Jones, JJ.

Opinion PER CURIAM

This case involves the construction of a written contract, whereon the suit was based, and the plaintiff's attempt to vary it by parol evidence without having produced the requisite proof of fraud, accident or mistake in its execution. The pertinent legal principles are hornbook; and nothing is to be gained by repeating the appropriate application given them in the opinion for the court en banc justifying the learned trial judge's entry of a compulsory non-suit. On the merit of that opinion, the order refusing to take off the non-suit will, therefore, be affirmed.

Order affirmed.

Disposition

This case involves the construction of a written contract, whereon the suit was based, and the plaintiff's attempt to vary it by parol evidence without having produced the requisite proof of fraud, accident or mistake in its execution. The pertinent legal principles are hornbook; and nothing is to be gained by repeating the appropriate application given them in the opinion for the court en banc justifying the learned trial judge's entry of a compulsory non-suit. On the merit of that opinion, the order refusing to take off the non-suit will, therefore, be affirmed.

Order affirmed.

19500103

© 1998 VersusLaw Inc.



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