Stoystown & Greensburg Turnpike Road Co. v. Craver
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Somerset county. This was an action of assumpsit, brought April 3d 1862, by Jacob Craver against The Stoystown and Greensburg Turnpike Company. The plaintiff declared on a contract with defendant for building a bridge across the Loyalhanna, in Westmoreland county, on the Harrisburg plan, for $870, but made an additional claim for extra work, averring that he had been deceived as to the length of the bridge.
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ERROR to the Common Pleas of Somerset county. This was an action of assumpsit, brought April 3d 1862, by Jacob Craver against The Stoystown and Greensburg Turnpike Company. The plaintiff declared on a contract with defendant for building a bridge across the Loyalhanna, in Westmoreland county, on the Harrisburg plan, for $870, but made an additional claim for extra work, averring that he had been deceived as to the length of the bridge. And on the trial, in the court below, offered the following paper in evidence:— “Youngstown, October 31st 1861. “This is to certify, that I am willing that Mr.…
1Opinion of the Court
The opinion of the court was delivered,
by
Lowrie, C. J.
If there really was a mistake about the length of the bridge, which the plaintiff below had contracted to build, it was very proper for the parties to correct their contract by adapting the price to the ascertained length. Such a change in a contract requires no other consideration than the fact of the mistake, and the purpose of correcting it.
But then the correction must be made by the same parties that made the contract, the board of managers on one side, and Cra-ver on the other. Declarations of one or more managers, not at a meeting of…
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