Lewis v. Dunlap
Superior Court of Pennsylvania
Appeal, No. 87, Oct. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1897, No. 953, for want of a sufficient affidavit of defense. Appeal from judgment of magistrate in an action of assumpsit.
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Appeal, No. 87, Oct. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1897, No. 953, for want of a sufficient affidavit of defense. Appeal from judgment of magistrate in an action of assumpsit. The plaintiff claimed a certain royalty for a certain patented improvement on boohs, the payment of which was agreed by the written contract executed by the defendant, by which agreement the defendant contracted to use the patented improvement for the full term for which letters patent had been granted and to pay for the use of the same upon not less than one hundred books…
1Opinion of the Court
Per Cueriam,
In Greenfield’s Estate, 14 Pa. 489-496, Chief Justice Gibson said, (and Mr. Justice Shaeswood quoted the declaration with approval in Penna. R. Co. v. Shay, 82 Pa. 198): “ If a party who can read will not read a deed put before him for execution; or if, being unable to read, will not demand to have it read or explained to him, he is guilty of supine negligence, . . . .” This is undoubtedly true where the parties stand on an equal footing, and deal at arms’ length; and all we shall say here has reference to such a case only. But, says the defendant’s counsel, a man cannot plead the…
2Cases cited2 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Pennsylvania Railroad v. ShaySupreme Court of Pennsylvania · 1876
3Cited by5 opinions
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- Leuten Brick Co. v. KillenSupreme Court of Pennsylvania · 1912
- Roth Downs Manufacturing Co. v. Profy, Pennsylvania Court of Common Pleas, Bucks County1930