143 F.2d 871 - Russell v. Barnes Foundation — 143 F.2d 871

How this case has been cited

Cited by 32 later decisions — most recently August 2018 · most notably United States v. Dibble (1970), Fletcher v. Flournoy (1951)

17 federal appellate · 2 district · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Gerald A. Gleeson, of Philadelphia, Pa. (Edward J. McGrath, oí Philadelphia, Pa., on the brief), for appellant.

¶2Thomas Raeburn White, of Philadelphia, Pa. (White & Staples, of Philadelphia, Pa., on the brief), for appellee.

¶3Before BRATTON, JONES, and Mc-LAUGHLIN, Circuit Judges.

¶4PER CURIAM.

¶5The principal question raised by this appeal relates to the trial court’s exclusion of certain evidence and is to be determined according to the law of the forum. Restatement, Conflict of Laws § 597. Under the undisputed facts appearing of record, which contain neither averment nor proof of fraud, accident or mistake in the making of the written contract whereon the suit is based, the learned trial judge very properly overruled the defendant’s offer to prove by parol evidence an asserted alteration or reformation of the contract. Gianni v. Russell & Co., Inc., 281 Pa. .320, 323, 126 A. 791." It was the trial court’s action in that connection which the appellant most strongly urged upon us as error. The remaining assignments are equally without merit.

¶6The judgment of the District Court is affirmed.