Appeal of Lynch
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Luzerne county. Of January Term 1879, No. 151. In Equity. Appeal of I. V. Lynch, J. O. Miles and John W. Miller from a decree of the said court, confirming a master’s report and directing that certain articles of agreement under seal between the appellants and Victor Koch be rescinded.
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Appeal from the Court of Common Pleas of Luzerne county. Of January Term 1879, No. 151. In Equity. Appeal of I. V. Lynch, J. O. Miles and John W. Miller from a decree of the said court, confirming a master’s report and directing that certain articles of agreement under seal between the appellants and Victor Koch be rescinded. By said articles, dated September 4th 1873, the said Lynch, Miles and Miller agreed to sell to said Koch ‘‘the coal lying in, under and upon ” a certain tract of land situate in the township of Blakely, county of Luzerne, * * * “ with all the privileges of mining and…
1Opinion of the CourtJustice Gordon
This is a case where the court below, in the exercise of its equity powers, has undertaken to rescind a contract under seal between the defendants, Lynch, Miles and Miller, of the one part, and the plaintiff, Victor Koch, of the other part, for the sale of all the coal lying under one hundred acres of land therein described. This could be done only on the ground of mutual mistake, or misrepresentation and fraud, and of these the evidence should be so clear as to leave no room for hesitation or doubt in the mind of the court. If there be any such hesitation or doubt the bill ought to be…
2Cases cited2 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Rossmassler v. SpielbergerSupreme Court of Pennsylvania · 1921
- Franklin Sugar Refining Co. v. Hanscom Bros.Supreme Court of Pennsylvania · 1922
- Penn Park, Inc. v. Falls Township Authority, Pennsylvania Court of Common Pleas, Bucks County1970
- Reynolds v. CraftSuperior Court of Pennsylvania · 1909
- Strzelecki v. Guizieska, Pennsylvania Court of Common Pleas, Berks County1922
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