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CAPLAN v. SALTZMAN (04/17/62)

April 17, 1962

CAPLAN
v.
SALTZMAN, APPELLANT.



Appeal, No. 82, March T., 1962, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1954, No. 3157, in case of Jack Caplan v. Harry K. Saltzman. Decree reversed; reargument refused May 4, 1962.

COUNSEL

John A. Metz, Jr., with him Benjamin R. Rothman, Herman L. Foreman, Guy L. Warman, and Metz, Cook, Hanna & Kelly, for appellee.

Walter M. Newman, with him Kalman A. Goldring, Marshall J. Conn, Leslie I. Cohen, and Ryan, Newman, Geer and Goldring, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen and Eagen, JJ.

Author: Bell

[ 407 Pa. Page 251]

OPINION BY MR. CHIEF JUSTICE BELL

This is an appeal from a final decree in equity ordering appellant to file an account. The question involved is the applicability of the parol evidence rule.

Defendant-appellant and plaintiff-appellee, from January 1, 1949, to May 15, 1954, carried on a so-called joint venture of selling, installing and providing materials for the improvement and modernization of houses. Defendant had charge of the books and records of the business and made distribution yearly of the profits.

On May 15, 1954, plaintiff gave written notice to the Mellon National Bank and Trust Company that the joint venture was dissolved as of the date of the bank's receipt of his notice.

On May 22, 1954, plaintiff and defendant went together to the Butler Office of the Mellon National Bank and Trust Company and in the presence of James O. Howard, Credit Manager of the Installment Loan Department, and Kenneth Noell, Jr., Assistant

[ 407 Pa. Page 252]

Manager of said office, both signed a writing, prepared by the defendant, or his ...


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