Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 11

Cover Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 11
Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 11
Pennsylvania Supreme Court
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And if the jury concluded it was not a pro- position of payment, but an offer of compromise, they were caution- ed to exclude it from their consideration, and give it no weight. This is not an unusual course, where the parol evidence is suscepti- ble of different interpretations. I put a familiar instance, under the plea of the statute of limitations: A letter written by defen- dant to plaintiff's attorney, on being served with the writ, couched in ambiguous terms, neither admitting or denying ...the debt, is to be left to a jury to draw their own inference, whether it amounts to an acknowledgment of the debt, so as to take it out of the statute of limitations. Ballentyne on Limitations. 195. Brown v. Camp- bell, 1 Serg. 8f Rawle, 180, where it was said, that if the expres- sions of the letter were doubtful, or it became necessary to refer to something extraneous, to understand it, it would be proper for the jury to consider, whether a promise might not be presumed. But I rest on this, that the offer of the bonds and money was a pro- sition of payment.

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