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1 Pennyp. 55

Schriver v. Eckenrode

Supreme Court of Pennsylvania

Decided May 17, 1881

Supreme Court of Pennsylvania · decided 1881-05-17

Error, to the Court of Common Pleas of Adams County. Action of assumpsit by George I. Schriver against Elijah Eckenrode. Plaintiff and defendant, on the 7th of October, 1872, bargained for the farm of the defendant. The farm was advertised as 140 acres, more or less, and plaintiff had looked over it. In the course of the conversation defendant said it contained 144 acres, and he would “gallantee” it.

Decided 1881-05-17

Per Curiam :

¶1The only error assigned is that the Court erred in admitting the testimony of Joseph Eckenrode to prove that the defendant was in the habit of very frequently using the word “gallantee” in ordinary conversation. This was irrelevant matter. But how could the plaintiff' object when he had permitted his own witness to testify on the same subject. It is no answer to say that it was volunteered by the witness. It was the duty of the plaintiff' to have stopped him and asked the Court to strike it out. This he did not do. It is not assigned for error that the Court referred this irrelevant testimony to be taken into consideration by the jury. That may, perhaps, have been wrong, but we have not been called upon to consider it.

¶2Judgment affirmed.

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