Superior Court of Pennsylvania, 1928

Moffatt v. Wetherill

Moffatt v. Wetherill
Superior Court of Pennsylvania · Decided November 13, 1928 · Cunningham, Gawthrop, Henderson, Keller, Linn, Trexler
95 Pa. Super. 45; 1928 Pa. Super. LEXIS 94

Moffatt v. Wetherill

Opinion of the Court

Opinion by

Linn, .J.,

Plaintiff has judgment, after a trial by a judge without a jury, in a suit on a promissory note made by defendant partnership. The note was given by defendant to plaintiff for hi's interest in what had theretofore been a partnership composed of himself and the two members of defendant firm.

In appellant’s brief it is said: “The case is a clear-cut issue of credibility.” The evidence need not be stated. The dispute turned on whether the parties had made an error of $1,000' in striking the balance payable to plaintiff for his interest on retiring; there was evidence both ways; the fact was found against *47 defendant by the judge who, it was' agreed, should find the facts; defendant, as well as this court, is bound by the result which is responsive to the issues on which evidence was offered.

Judgment affirmed.

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