American Photo-Player Co. v. Harriet Amusement Co.
American Photo-Player Co. v. Harriet Amusement Co.
Opinion of the Court
This was an action brought upon a promissory note given by the defendant to the plaintiff in payment for work done by the latter, pursuant to a written contract, in repairing an organ belonging to the defendant. The trial resulted in ■a verdict in favor of the plaintiff for the full amount of the note, ahd from the judgment entered thereon the defendant has appealed.
The first ground upon which a reversal is asked is that the trial court erroneously excluded evidence tending to show the price paid by the plaintiff to those of its employes wlm were engaged in the work of repairing the organ of the defendant.
The defendant’s claim was that the plaintiff corporation represented to it that the price fixed in the agreement was based largely upon the wages which plaintiff would be required to pay to its men employed on the job, viz., $3 per
The next ground of reversal is thus stated by counsel for the appellant: “The construction by the court of the contract sued upon was such as to exclude testimony as to the amount paid to workmen employed upon the overhauling of the organ.” An examination of the case discloses no formal construction put upon the contract for the repair of the organ by the trial court. Apparently, this ground of reversal is directed at the statement made by the court as its ground for excluding the testimony which was the subject of discussion under the first point. The statement was as follows: “In the absence of a plea of fraud, I should say the defendant is bound by the terms of the contract as to the rate fixed and accepted.” Assuming that this is the point relied upon in support of the second ground of reversal, what we have already said is dispositive of it.
Reference
- Full Case Name
- AMERICAN PHOTO-PLAYER COMPANY v. HARRIET AMUSEMENT COMPANY
- Status
- Published